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THE 



GOVERNMENT OF THE PEOPLE 



D X [TED STATES 



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PENNSYLVANIA 



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V FE 201894 
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PHILADELPHIA 

Eldredge a Brother 

No 17 North I Street. 



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Entered, according to Act of Congress, in the year 1894, by 

EL DREDGE & BROTHER, 
in the Office of the Librarian of Congress, at Washington. 
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WESTCOTT <fc THOMSON, 
ELECTROTYPERS, PHILADA. 



*- 




\, i that i- mm red in life is in ly bound ap with 

government It- nature is comples ; it implies right! 
duties; it involves buman lives and activil 
iiation is required of thewhole people; its administi 
is committed to their representatn 

The story of the Government of the people of th< I 
States has its beginning far away across th( I the 

story of political rights in England has iel in the 

story of political rights in America, Nor bave these rights 
been accidental acquisitions : they are the fruits of Am. r- 
ican experience, growing ou1 of 1 1 « * * instincts, th< 
and the attainments of the Anglo-Saxon r 

In this work the Government is presented in its his- 
torical, its legal, it- political and its economic relations. 
Movements in population, immigration, education, habits 
of thoughl among the people of various parts of the coun- 
try, inventions, discoveries, religion and public morality, 
have been considered as factors equally potent with for- 
mal constitutions and the enactments of legislative bodies 
in determining the character of our Government 

The peculiar claim of popular government to nni- 
authority is its identification with the great princi] 
civilization. It claims to be founded upon the rights o{ 

man and the principles of human nature, The chapter 

1 



2 PREFACE. 

on " The Four Groups of Rights " is a departure in works 
of this kind, but it is believed that the time has come when 
the methods of political study pursued in the leading 
schools of history and political science may be pursued 
in all other schools in the United States. 

Nothing in government is meaningless ; we live amidst 
an intense political life. As the face on the postage-stamp 
signifies an executive power delegated by the people, so 
upon examination will many common civil phenomena 
illustrate profound principles in popular government. It 
is more desirable to understand the principles underlying 
civil life, and their development and application in gov- 
ernment, than to memorize discordant political facts. The 
study of civics has a deeper significance than the mere 
study of laws and law-makers, of offices and officers. 
These, it is true, are important, but they are of secondary 
importance, for they are merely the mediums and instru- 
ments in carrying on the work of government. The 
proper study of civics should inspire a spirit of obedience 
to the laws, and of respect for those in authority in the 
home, in school, in local government, in the State and in 
the Nation. It should inspire a spirit of patriotism, and 
tend to a better and purer citizenship, to a better and purer 
government. 

It is the earnest hope of the writer that this book may 
help those who read it to understand more perfectly the 
rights and the duties of American citizenship. 

FKANCIS NEWTON THOKPE. 

University of Pennsylvania, 1 
Philadelphia, Pa, f 




THE FOUNDATH >N8 I 4 0O> BRNMENT 



( II Ml I I 

I. 'I'm ■ Four Stags* of Sogmti 
1 1. The i "i b Qroupi 01 Bights . . 

ill. Tin Btobi of i'"i mi. \i Etiofl i- m Ekoi ihd 

i\'. Tin Btobi <-i Poi m< u. Righ i~ in < mm Vm 



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r.\ i:t i i . 

I o. \i 0OV1 BNMl N I 
V. 'I'm Pbopli \m' nun: Horn Lffaibs; Eon ra 

Pi 0F1 I I '"Vi RE THl Mffl i.\ ■ 

VI. Tim M \ i i LED tin T\ MU P R1 



n 



PART III. 
THE NATION. 
Vll. Tin-: Law-makers led mm Laws ,; i 

VIII. Wii \ r ( SONGRBSfi m \y !><> 

IX. Powers Denied po Congress lnd to rai States 
X. The President of the [Jetted States • • 

XI. The Executive Departments lo: * 

XII. The Courts of Justice m 

XIII. The People lnd ras Land 1 '- v> 

XI\'. The People lnd the Monei W8 

XV. The CmEra 1*1 

XVI. The People in Politics i-ifi 

XVTT. The Nation 158 

3 



4 CONTENTS. 

PART IV. 
STATE PAPERS. 

PAGE 

The Mayflower Compact 164 

The First Declaration of Eights 166 

The Declaration of Independence 169 

The Articles of Confederation 175 

The Constitution of the United States 188 



Appendix 211 

Representation, Population and Area of the States . . 211 

Table of Presidents, etc 212 

The Australian Ballot System 214 

Questions Developing the Government of the State, 

County, City, Township, Town, etc 216 

Problems in Civil Government 218 

Questions for Debate 220 

Index 221 



ILLUSTRATIONS. 

Great Seal of the United States Frontispiece. 

King John Signing Magna Charta 30 

Signing the Mayflower Compact 36 

Adoption of the Declaration of Independence .... 41 

The Capitol Building at Washington 64 

The Supreme Court of the United States 123 

Map showing Public Domain and Acquisition of Territory 126 
Liberty Enlightening the World 156 




Pa rt I 



THE FOUNDATIONS OF GOVERNMENT. 



" Manasseh used enchantments, and used witch- 
craft, and dealt with a familiar spirit and with 
wizards; he wrought much evil in the sight of the 
lord." 

".hul there were in the same country sin phi rd i 
abiding in the field, keeping watch over their , 
by night.* 1 

And Isaac had \ >n of flocks and \ 

session of herds, and great store o/ servants, and 
the Philistines envied him. .Ind Isaac departed 
thence, and pitched his tent in the valley of (< 
and dwelt there, .hid Isaac digged again the 
wells of water which they had digged in the 
days Of Abraham his father; . . . and the h 

men of Oerar did strive with Isaac's herdsmen, 

saying, The water is ours." 



fi CIVIL GOVERNMENT. 

"Then I will give you rain in due season, and 
the land shall yield her increase, and the trees 
of the field, shall yield their fruit. And your 
threshing shall reach unto the vintage, and the 
vintage shall reach unto the sowing-time, and ye 
shall eat your bread to the full, and dwell in the 
land safely." 

"A cunning man, endued, with understanding, 
. . . skilful to work in gold and in silver, in brass, 
in iron, in stone and in timber, in purple, in blue, 
and in fine linen and in crimson; also to grave 
any manner of graving*" 



CIVIL GOVERNMENT. 

C H A PTE R I. 

THE FOUR STAGES OF SOCIETY. 

1. CIVIL INSTITUTIONS.— The laws, CUSt 
occupations of ;> people comprise their civil institutions. 
Human interests are doI solitary. < >ne int 
to all others. It uv were t<> journey over the earth, visit- 
ing its different nations, we might at first think that the 

civil institutions of the many peoples ITS - '•'« m 

varied for any kind of classification ; by ad tnina- 

tion we would discover four classes of human society- 
savages, herdsmen, husbandmen and manufactui 

8. Savages. — Those people whose chief occupation is 
hunting comprise the savage t ril >» - of the >ix continents. 

They have CU8tomS Simple and rude, and laws tew and 

cruel. Tin 1 boundaries of tin- land over which the] 
their supplies are in constant dispute between the tribes. 
Bach tribe is a collection of kindred families, and ifi 
crned by a man famed both as hunter and as warrior. 

His will, so far as he can enforce it. is law. The symbol 
of his authority is a spear or a club. 

tl. Life and Language. — Hunting Bupplies savages 

with food and clothing. They Buffer from many dis 
which do not seriously endanger a civilized community. 
Their language is unwritten, usually abounds in guttural 
sounds, has few words, not usually more than three hun- 
dred, and these are not inflected so as to express shades 
of thought Their Language is composed oi nouns and 

7 



8 CIVIL GOVERNMENT. 

verbs, with few if any other parts of speech. The nouns 
rudely name the plain objects of the senses ; their words 
do not express exact qualities or quantities. Taken singly, 
the words have little if any meaning. The people have 
few and crude ideas. 

4. Superstitions. — Savages are extremely superstitious 
and easily terrified by the phenomena of nature. They 
people the world with demons, and their customs are 
demonic, and frequently degrading. They do not under- 
stand the causes and the nature of common things. 

5. Character. — The habits, customs, superstitions and 
manner of life of savage tribes indicate their true charac- 
ter. Life among them is unsafe ; morality is unknown ; 
physical strength is the sole basis of right ; their govern- 
ment is the uncertain and brutal exercise of physical 
power and the sullen and unwilling obedience of the jeal- 
ous and the weak. The savage has no property that can 
be called wealth, and he cannot accumulate wealth. He 
cannot keep his game; he makes nothing; when he dies 
his hunting equipment is usually buried with him. 

6. Herdsmen. — A larger group of peoples keep flocks 
and herds, and by means of these provide for themselves 
food and clothing. The area and boundaries of the land 
required by their cattle vary. Herdsmen follow the grass ; 
it is the source of their wealth. They are wanderers and 
dwell in tents, but their laws and customs are less rude 
than those found among hunting tribes. They practice 
simple arts and make many articles required by their 
manner of life. They have a greater variety of food than 
savages, and many desires unknown to savage life. But- 
ter and cheese are made by means of simple tools. The 
art of curing leather begins among them. They have 
their wealth for exchange, and thus obtain many articles 
which they cannot make for themselves. 

7. Government among Them. — Their ruler is the 
oldest living father of a family, and the symbol of his 



/in: FOUR W IQ&S 01 i v 

authority is a shepherd's 9taff. The lawi among them 
grow out of their occupationi. Their laws I 
chiefly to two objects — the protection of life and <»i prop- 
erty. The herdsman baa many cattle, and at hie 
Bome one must care for them. Naturally, 1 1 ■ * - memh 
his own family succeed to hie wealth, and hU pen- 
authority also descenda t<» In- personal representati 
heir, who ia usually his eldest ~"ii. 

8. Laws of Property Beg-in. -Thus laws of tin- in- 
heritance of property originate among herdsmen. Thia 
property ie movable, <>r. aa we doh say, \<> reonal. 
becomes a thing of value, and land-laws te in the 

use of the land for grazing. Water, In the form <-i bi 
wells and springs, becomes the subject jtomary i 

A> ;i well ia 'In- by » vera labor, he who diga a w< 11 
righl lo it for his family and hia tl" 

!>. Language and Ideas. — Elerdsmen havi words 

in their language and more ideas than hav< 
Shepherds are often in one locality for a Long time; they 
watch their flocks night and day ; they observe U 
of nature and discover it- regularity. They were the first 
to study the motions of the heavenly bodies, and they 
fancied that they saw familiar forma among the .-tars. 
Lions and wolves were there chasing cattle and Bheep, and 
to tin 1 constellations o( the Btars they gave names. Cen- 
turies have passed, but the names given to the stars by the 
shepherds still cling to them. Thus the Bcience of astron- 
omy began. The language o( Bhepherds expresses their 
ideas. One o( the oldest poems in the world, the book i^\ 
Job, describes the customs, the laws and the character of a 
people who were shepherds in Mesopotamia, one vi the 
early homes o( our own civilization. 

to. Life and the Recognition of Rights. — Herdsmen 
have many more interests than Bavages, because they have 
more ideas and objects o\' desire obtained by Labor. Such 
objects constitute wealth. Government among them rec- 



10 CIVIL GOVERNMENT. 

ognizes and protects life and property and the comfort of 
man. The patriarch has more cares than the chieftain. 
It is a principle of government that as the interests of men 
increase and as they secure wealth by their own labor, govern- 
ment becomes more complex, or, as we are accustomed to say, 
has more departments ; for a primary purpose of govern- 
ment is to secure to individuals and to nations their 
rights. 

11. Importance of Rights. — A right is the most im- 
portant possession a person can have. Human rights are 
the realities which government is instituted to protect. 
The word "right" has more meaning than any other word 
used in governmental affairs, and we shall constantly have 
occasion to investigate its signification. When we under- 
stand what rights exist in a country, we know exactly what 
is the government of the people of that country. 

12. Effect of the Recognition of Rights. — The im- 
mediate effect of the recognition of rights is the exercise 
of government to protect them. A denial of a right is a 
wrong, and the -suspension of a right, if not justifiable, is 
a crime. 

13. Husbandmen. — The peoples who cultivate the soil 
outnumber all others. They live in fixed homes; they 
divide the land and mark its boundaries with care. To 
remove a landmark confuses many interests and endan- 
gers rights, and is a crime ; for the tiller of the ground is 
obliged to feed and clothe himself and his family by his 
own labor on a definite piece of ground, and if the bound- 
aries are disturbed unlawfully the living of the family is 
in danger. 

14. Crimes. — Among the herdsmen the stealing of cat- 
tle is a crime, because the living of the family is thereby 
endangered. The tiller of the ground must be protected 
from similar injury, and his wealth is a definite area of 
ground. Land-laws thus become more definite among 
those who practice agriculture ; many customs and laws 



////. / nil; v/ [QE& 01 MX /// I 11 

peculiar to an agricultural people would oot arise among 
herdsmen. Each Btafe ol -• ■ \. 
iB founded upon its own character. Different civil 
tutions, becoming different systems nent, ihui 

Bpring up in the world. 

I :>. Superior Knowledge required in Agriculture. — 
The Burner is obliged to understand th< uatun 
soils, culture and harvesting. H< require! many Ux 
which the Bavage or the herdsman could hav< do us* He 
must understand the laws of uatun be able b 

ply his wants. Hi- language reflecU his mind an 

■ - many interests. 1 1 is ii ur-fold : those 

pertaining to bis labor; those pertaining t<» the control of 
his fellows; those relating to his conduct toward nun; 
and those relating to the <;<>d whom he worships. 

16. Manufacturers.— A fourth group of people 
engaged in making objects of desire, and thus the] 
closely related to the herdsmen and to the tillers of the 
soil. Labor creates rights and transforms raw mat* rial. 
such as the skins ami the wool produced by the herdf 
and the agricultural products of the husbandmen, int<» 
articles adopted to many human n-- s. The makii 
objects requires a huge amount of knowledge in the 
maker. He has many ideas, and liis language contains 
many words unknown to the or the herdsman. 

With increased knowledge comes the division of labor and 
the recognition of industrial rights. New industry 
created, old industries are improved, simple tools 
displaced by complicated machinery that never wearies 
and that rapidly transforms raw material into finished 
articles. In every step oi' this process rights are con- 
cerned. The forms o( wealth multiply, S(^> that they can 
Scarcely he counted. The manufacturer depends upon 
the productions o\' farming and o( herding for material 
used in his labor. His rights are therefore closely con- 
nected with the rights o( other men. He must build 



12 CIVIL GOVERNMENT. 

machines, erect suitable buildings, provide material, em- 
ploy craftsmen, manage industrial enterprises, understand 
industrial conditions, satisfy the desires of men for mate- 
rial wealth created by human labor, and exercise freely 
all his rights, in order that the desires of men may be 
satisfied. 

17. Laws and Customs pertaining- to Industry. — A 
manufacturing community develops habits or customs 
that are proven by experience to be favorable to industry. 
The government that protects the rights of manufacturers, 
and of all those associated with them in the making of 
objects, must recognize these customs and enact suitable 
laws. 

18. Civilized Peoples have a Variety of Interests. — 
In a civilized country the interests of the herdsman, of the 
tiller of the soil and of the manufacturer may be found in 
a single community and even in a single person. The 
farmer tills his ground and at the same time keeps cattle 
and sheep. Near by is the town in which the manufac- 
turer maintains his factory and all its interests. A com- 
munity has at the same time the interests of the three 
classes of people. Rights thus may imply the interests 
of the husbandman, of the herdsman and of the manufac- 
turer. Every department of life is affected by the recog- 
nition or the suppression of these rights. 

19. Effect Seen in Society. — As ideas increase among 
men, language increases, until there may be, as in our own 
tongue, more than one hundred thousand words. Every 
right creates a custom, and the custom may become a law. 
A custom is only a way of doing, and a law is a rule of 
action prescribed by a supreme power, declaring how, 
when, where and by whom a thing shall or shall not be 
done. 

20. Commerce. — With the increase of the wealth of 
individuals and of nations, and with the recognition of 
rights among them, exists a commerce both in ideas and 



THE r<>r/ H II rv l8 

in things. Article- are produced, exchanged, trana] 
and consumed. The Btar-clusten thai Beemed lik< - 
and oxen and Lions to the shepherds become the light- 
houses of the Bky, and guide Bhipe Laden with pre* 
cargoes from port to port and from continent to continent 
Men become more closely associated; they supplj 
other's wants. Their interests become complex, and some- 
times it is impossible to * parate them. The herdsman, 
the farmer, the merchant, the railroad, the steamship, the 
miner, the manufacturer, the workingman, all and 
represent a mass of Interests and a body of rights. To 
further these interests and to secure tl 
incuts are instituted among men ; customs grow into laws, 
and laws and customs grow into thai Bupreme law or chief 
custom of all Qwt rnrru nt 

*J 1 . Importance of Government. \W see plainly. 
then, that the meaning of govt rnmenl ie lingly 

large, because it concerns itself with every human int 
We see that customs and laws and language and govern- 
ment are closely connected with the occupations of the 
people. The occupations affect the government, and the 
government affects the occupations. 

22. Different Forms of Government. — Different forms 
of government exist, because the ideas of men diffi i 
the best manner of managing their own interests. People 

Mho have many wants and who are aide to satisfy them 

by intelligent Labor are civilized — i e. they have be 
citizens. The word " citizen " is companion to the word 

"right," and like it has a profound meaning. So import- 

ant is the signification of the word M citizen " that individ- 
uals and nations, in order to obtain the realization of the 
full rights o( the Citizen, have made costly sacrifices. The 
rights o( the citizen arc made precious to us by the lofty 
Sacrifices o( human life in order that men and women and 
children may have their inborn rights freely fully and at 
all times. 



14 CIVIL GOVERNMENT. 

A theocracy is a government in which the rulers are 
priests who claim to be under the immediate direction of 
God. The government of the ancient Jews was a theoc- 
racy. 

A monarchy is a government in which the supreme 
power resides in a single person, usually called a king. 
If his power is limited by laws, the government is a lim- 
ited monarchy ; if all power proceeds from him, the gov- 
ernment is an absolute monarchy. Modern kingdoms are 
limited monarchies, except Russia and Turkey, which are 
absolute monarchies. 

An aristocracy is a government controlled by a few 
men distinguished for rank, wisdom and wealth. Venice 
was an aristocracy during the Middle Ages. 

A democracy is a government by the people in person. 
Rhode Island was a democracy for a brief time. 

A republic is a representative democracy. Our States 
and the United States have a republican form of govern- 
ment. 

23. Sanctity of Government. — The interests of a peo- 
ple are so closely blended with their government that 
government becomes the supreme interest of the people ; 
its character is sacred, because its preservation concerns 
the lives and the property of all who compose the nation. 
Therefore the attempt to overthrow the prevailing govern- 
ment is a crime against the nation. This crime is called 
treason, and is punishable with death. 

Sometimes a government is successfully overturned and 
remodelled with the consent of the people who compose 
it, A successful change in the government amounts to a 
revolution, such as occurred in this country in 1776. But 
all thoughtful men agree that governments long established 
are not to be overturned for light and passing reasons, 
else .ill stability in human affairs would disappear and 
fickle-minded people would cause perpetual confusion in 
the world by the constant change in governments. The 



I 111. FOUR 9T \GES 01 S0CIE7 f 15 

people have the right to alto i ad their owd g 

menl in b peaceful way, ae was done in tin- country in 
L789. 

4 J J. The True Basis of Government. When we look :» 
little closer for the foundation of government, ire die 
thai it exists in the nature of xn< n themselv< rights 

of persons give occasion for government Individuals 
have by nature desires, wills, ideas, character, and upon 
these government is founded. The natural rights of men, 
women and children as citizens are called <i\il rights. 
Borne citizens have other rights which are called political 
rights. The right to p reona] security is a civil r i u 1 1 1 . and 
is common to all citizens ; the right to vote is ;< |»<»litie;il 
right, and is possessed by qualified persons called el 
The true basis of government is p rsons, not thi 



CHAPTER II. 

THE FOUR GROUPS OF RIGHTS. 

25. Men Differ concerning- Rights. — We might think 
that every man could guard his own rights, and that in 
this way the rights of all would be protected. But men 
differ among themselves in their opinions about their 
rights : this difference of opinion is natural to men, and 
must always be taken into account in human affairs. 
Government is based upon men as they are ; it is a for- 
midable reality. If only a few men lived in the world, in 
a simple way of life, isolated from each other, they might 
possibly be able to protect their own interests, but they 
could not realize their own rights. Men cannot live in 
isolation ; association is necessary, and this necessity gives 
rise to human society. 

26. Rights of Society. — The word " society " is also an 
important word. Individuals have rights as individuals ; 
they also have rights to and in association, called the 
rights of society. The relation of the individual to society 
is that of the part of a living organism to the whole of the 
organism. An individual is a part of society. The polit- 
ical rights of an individual are largely fixed by his rela- 
tions to society. 

27. Rights and Duties Related. — Every right, whether 
of the individual or of society, implies a duty. Every 
duty implies a right. A duty is the exercise of a right. 
The words right, citizen, society, and duty are of intense 
interest to civilized people ; they stand for ideas and prin- 
ciples of primary importance to human beings. 

16 



TEE for/: GROUPS Ok BIGHTS 1" 

The rights of individuals and o( - i thai 

kind of knowledge called political. The word • political "* 
originally meanl urban 
people are cloe dated in .1 city and pelled 

ognize their own rights and I 
have 94 rved a peculiar office in die 
men, and many of the cities ol England m -1 the 

rights of the citizens when these rights were lost in the 
rural districts. < lities Im 1 .-.l human i 

The duties of individuals and that 

knowledge which \\» call moral. The word u moral " im- 
plies the idea of conduct or custom ol 1 d by 
the standard <>t' human welfare and <•; Divim 
man is a political being tx cause he i 
moral being because he has dutii 

88. Individuals and Society hum m | 

person in his rights and requires him t«» perform his d 
The character of society 1- the char be indivi 

who compose it. Bad nun make bad rern- 

menl musl therefore address itself directly to individuals, 
must have power over them, and must depend upon 

for its authority ami for it- character. Each of US is indi- 
vidually a part of the government, ami we should know 
our rights and perform our duties. Th< 
endangers the government and wrongs us individually. 
The rights now so common among us are <>urs only 
the greatest struggles that the world has seen. 

•J!>. Natural Rigrhte. —We <!«» not inherit rights; they 
are inherent: (um\ creates them in every person. There 
have been governments in the world for ages, but the truth 

that all men are horn with equal rights has been 
less than a hundred years. To understand and to live 
this truth is the privilege of the world to-day. We of the 
United States have this privilege by the law o\ the land. 
But because we have more rinhts than any other nation. 
we have more duties. American citizens have rights and 
2 



18 CIVIL GOVERNMENT. 

duties unknown to the people of Europe. Yet many in- 
stitutions common among us began long ago in Europe. 

30. Foreigners become Citizens. — Several hundred 
thousand Europeans come to the United States every year 
for permanent homes. They are chiefly from England, 
Ireland, Italy, Germany and Scandinavia. They have 
caused those sections of the United States where they are 
most thickly settled to take on a character peculiar to 
themselves ; some parts of the United States are Germanic, 
some are Scandinavian, some are Italian, in many of their 
prevailing customs. The African race has been in this 
country since 1619. Africans and Europeans and some 
Asiatics are made welcome by our government, and by 
conforming to the laws they have become American citi- 
zens. They learn the rights and the duties of American 
citizenship by actual practice. Serious social problems 
constantly arise ; but the experience of the past encour- 
ages us to believe that we shall be able to solve these prob- 
lems by earnestly grappling w r ith them in the recognition 
of our rights and the performance of our duties. 

The Four Groups of Rights. 

31. Industrial Rights. — The citizen has the right and 
the duty to support himself and those dependent upon 
him by honorable labor : such rights and duties are called 
Industrial. These are many and of first importance. 
Within this group fall all the rights of laborers, operatives 
and of makers of things of every description. Industrial 
rights and duties affect the business, the material interests 
of the household, and the productive interests of the coun- 
try — the farms, manufacturing plants, the wages of men, 
women and children, the hours of labor, the means of 
transportation, such as railroads, canals, steamship lines, 
express companies and common carriers. Industrial rights 
and duties also extend to society at large. America has 
vast industrial relations with other countries ; we use arti- 



THE FOUR GROUPS OF RTOHT& 19 

cl( ., produced in foreign lands, and they use article 

l, v ,,... our Lndustrial interests comprise a large portion 

f our wealth, and government guards them with extreme 

:$*j. Political RightH. The citizen has also opinioi 
t( , w |,;it he himself and society Bhould do and what id 
should be supreme in th< I eeei ratio! or 

government are called political ideas. H - political id 
are his own property,and he has the right I 
an d to carry them into effect with the aid of hi- fellow-citi- 
Bens, provided that neither he uor they do of suffer wro 
II,.. right is to do unto others as be would have them do 
onto him. Men are always trying bo i nforce their id 
upon others i.e. to govern them. En to roup 

of rights and duties are all those rights of opinion i 
ceming government, such as, what kind of governn 
is best; how government Bhould be administered; who 
should exercise authority ; where that authority should be 
located. Political rights and duties affect all our opin 
about human laws, the nature of public oflici - and 
character of public officers. Political rights and du 
are concerned when public servants are chosen, sue! 
school-directors and assessors, tax-collectors and jud 
governors and senators, members of Congress or tl 
dent of the United States, Political rights and duties are 
concerned in Buch ordinary and important matters as the 
carrying of the mails; the material, the quality, the quan- 
tity and the denominations of our money; the fixing 
county, state and national boundaries ; the Bupport of an 
army and o\' a navy ; and they are concerned also in such 
seemingly trivial matters as the shape, color and value of 
a postage-stamp and the selection o( the man'- face upon 
it. These rights and duties are o( such importance that 
men organize powerful political parties to maintain their 
opinions, give their energies, time and money for the sup- 
port Of these opinions, and seek peaceful solution oi gov- 



20 CIVIL GOVERNMENT. 

ernmental problems by elections or compel the solution 
of them by wars and treaties. The political rights and 
duties of individuals have assumed so much importance 
in this country that they are often said to be the supreme 
interests of the citizen. But they are only one of a group 
of rights and are of equal interest with other rights. 

S3. Social Rights. — An American citizen is also part 
of society ; he has social rights and duties. These are of 
a comprehensive character, because they affect the nation 
as a whole. Social rights and duties are concerned in the 
establishment of all kinds of schools for the benefit of the 
public ; for the reformation of criminals ; in the mainte- 
nance of asylums for the aid of the afflicted, such as the 
blind and the insane. Society is interested in the preser- 
vation of health and public comfort, public order, good 
roads and bridges, clean and passable streets, safe public 
and private buildings, the lighting of public places, the 
removal of all substances that may poison the air we 
breathe or the water we drink. These rights and duties 
are liable to be neglected, although they are commonly 
admitted to be of vast importance. The welfare of society 
is often of greater moment than the comfort of an indi- 
vidual. When the interests of the individual and of 
society conflict, the individual must yield to society if 
society insists upon the yielding. This right of society is 
called the right of eminent domain. 

The right of eminent domain is a sovereign right exer- 
cised by a government or by a corporation, by which indi- 
vidual interests are compelled to yield to the interests of 
society, of the corporation or of the government. 

A corporation is a body of persons authorized by law 
to act or do business as a single individual. A railroad 
company, a manufacturing company, a bank, a chartered 
city, are illustrations of corporations. 

34. Moral and Religious Rights. — The citizen has also 
moral and religious rights : he is a child of God and lives in 



////: rOXJR QBOl fcfl 01 BIGB1 21 

relations with him. Man naturally worship somebi 
penor to himself. We have rights ofconscienoe and we have 
moral duties. Th< Be we are permitted to i ly 

they do not break th< 
rights and duties are concerned in the m a interu n 
religion; the proper regard for the Sabbath ; tl 

e d things and ideas ; the support of public m 
ghip; the bettering of the world ; the conscii uf 
tion to the duties of life. For many centuries mei 
gledto realize the right to worship God according to the 
dictates of conscience: that right has been and is fully 
realised in this country. Closely related to I 
;m ,l duties are those of a moral characfa r which 
implied in the word "ought." All rernment is 

mural in its character. 

35, Rights often Mingle.— A right may at I 
time be industrial, political, bo ial or moral Wt 
always separate a right from it- companioi mm* nt 

ie concerned to protect them all. A school illustrates tl 
:l ll ; lt [g b place of industry ; here we Learn to govern and 
to be governed ; itiss society, and has rights and dut 
such ; all Bchools are Bubject to moral rights and dut 
86. The Four Groups of Rights and Government. 
AH of our rights and duties are natural to us as human 
beings; government is based upon them, is protected by 
them, and in turn protects them. They all unite in the 
citizen. The government of a people is understood when 
its industrial, political, social and moral rights are under- 
stood. The sovereignty of an opinion and its express 
in a form of government or in the election of a bodj 
public servants represents all these rights; hence we have 
come to speak o( our political rights as representative o\ 
all our rights and as of supreme importance, 



CHAPTER III. 

THE STORY OF POLITICAL RIGHTS IN ENGLAND. 

37. Our German Ancestors. — About two thousand 
years ago the Roman Empire comprised the civilized 
world. It was busy conquering the barbarous nations, 
and sent its legions and its greatest soldier, Julius Caesar, 
into Northern and Western Europe to conquer the strange 
peoples who then lived in Germany and Gaul (France). 
For nearly four hundred years the struggle continued, but 
the brave Germans were never conquered by Rome. On 
the contrary, the Germans in great numbers left their own 
wild county, and their armies marched into Italy and 
seized Rome. About 500 a. d. the different nations of 
Europe, as they are now located on the map, made a 
beginning. The Germans also moved westward into the 
lands now called Denmark, Schleswig and England. They 
were so strong as largely to fix the customs, the laws and 
the language of Northern Europe to the present day. 
From Germany to England and from England to America 
has been the journey of political rights. These rights and 
duties were not formerly so plainly understood as at the 
present time for the knowledge of rights increases as men 
learn them by experience. 

38. Constitutions. — Nations like individuals learn by 
experience, and they express their knowledge of rights 
and duties in important writings which we call " constitu- 
tions." If you examine a written constitution, you observe 
that it is an instrument expressed in a formal way, and is 
divided into articles and sections. But written constitu- 
tions are not very old ; the people of America were the 

22 



POLITICAL UK, m- i\ BNOLA W 

first people in the history of the world who formally set 
down their civil institutions in a written constitution 
Since our ancestors began to form constitutions, two 
turn - :rj>>. most ch ill/' 'I nations bj I t<» form 

them, so that it may l" Baid that America has taught the 
world how to frame ;i written constitution It i~ inl 

i know how our ancestors in this country became in 

the habit of . \pi< — i ! i - ll,. n idl EU "li political i 

duties in ;• constitution. The Btor 

;j<>. Origin of the Town and of the Township 
Germane, whom the Roman L< ould not con 

warlike and virtuoui I 

i freeman. He ami his kindred lived r in a 

cluster of houses, each having a door-yard and a garden. 
Around this settlement of one kindred a bedgt <»r ditch <>r 
rude, Btrong fence was made. Tie- bedgi 
it might enclose a farm or a hamlet He who lived within 
the///// was called a ti<m >-m>in. as the dweller within the 
boundaries of the settlement is .-till called by as. The 
house of the tuins-nmii was called />,',-. <.r ■■ dwell- 

ing, from which we get our words 
the lust syllable of the names of Rome towns 

EdinfturoA. The Northman called his BtTOng DO 

or garth, whence our words garden and 

10. Freemen as Landholders. —The freeman owned 
land and was the head of a family. The unit of mi 
in rights and duties is the family ; this unit is found 
among Bavages, herdsmen, tillers of the soil and manufac- 
turing peoples. The family i< a sacred institution and as 
ancient as the race itself. All the lands controlled by the 
townsmen were comprised within the tflnscipe, or town- 
ship, and to this day the township remains the unit of 
measure for our political divisions. When we say M town n 
or " township," we use a name that lias been used contin- 
uously for more than two thousand years for the same 
object. Hut government becomes more complex as men 



24 CIVIL GOVERNMENT. 

become more civilized. The townsman of to-day has 
many more political rights and duties than had the Ger- 
man tunes-man of long ago. 

41. The Parish. — When Christian missionaries came 
among the Germans a new word came also — the word 
•parish. The parish marked the boundary assigned by the 
Church to the priest for the performance of duties. The 
parish was usually of equal extent with the township. 
The word itself meant the church-home, for all the people 
of a parish had the same church home. The two words, 
township and parish, continued to describe the same area 
of land, and were brought from England to America as 
expressive of two harmonious ideas. The ideas of men 
changed and the words fell far apart as Church and 
State were separated, but in the southern part of the 
United States the term parish continues to mean what the 
term township signifies in the North — a civil division of 
the State. 

42. The Hundred. — The German townsmen often as- 
sembled together in political meetings, called gemoten, for 
the purpose of electing town officers. At these meetings 
laws were made, and our word " by-law " is said to mean 
the law made by the township, or, as it was once called in 
Northern England, the "%." The townships united for 
the convenience of administering, justice comprised the 
hundred. The court of the hundred decided disputes. 
Jury trials were introduced by the slow growth of cus- 
tom. The court of the hundred was the lowest court, 
and it so continues in Germany, England and the United 
States to this day. In some of our States even the word 
hundred remains, as in Delaware ; the court of the hun- 
dred we commonly call the Justice's court. 

43. The Shire.— Several hundreds comprised a shire, 
which meant a share or part of the whole country. The 
word is still common in England. In New England the 
word is often used in conversation, but the subdivisions of 



POLITICAL BIGHTS M /■ SOL I W> 

in this country are commonly called count 
name that was introduced into England by tin- Normans, 
and which then designated a military division of the 
realm. The Bhire had also courts and offi< proto- 

of our county courts and offi< 

i ». The Shire-reeve. —Tin- principal officer of the shire 
then, ae now, was the 

the representative of the king's authority, and with us the 
representative of the majesty of law and the authority of 
(Ik- people. The county court "1 for the trial of 

more important than those tried in tb< court of the 
hundred or of the township, [t is so at tin nl time, 

and now, as then, the person who Lb Bummoned to attend 
court is under the BpeciaJ protection of the law. 

15. Our Civil Institutions very Old.— W • •• then, 
that our civil institutions are very old, but the oldest are 
our local institutions, those that are right about ue 
which Beem to thoughtless persons so commonplace. 
These local institutions li<- .-it the foundation <>t' oui 
eminent and of the constitution trope. 

Although the United States is a on w country, its civil in- 
stitutions are as ancient as those of England or Germany. 

la. German Conquest of Britain. About the middle 
of the fifth century the German tribes began to land in 
England. They Boon made the country their own. and 
introduced German ideas and forms of local government 
Two tribes took the lead : the Angl 
their name to the Language, and the 9 
their name to the civil institutions Our institutioi 
not strictly Anglo-Saxon, for the Americana have d 
ered many rights and duties for themselves Buch as never 
have existed in Europe. 

47. Civil Institutions Subject to Laws. — Political 
rights and duties are not discovered by accident or experi- 
ment ; they are controlled by laws. These laws are based 
upon the nature of man. From time to time discoveries 



26 CIVIL GOVERNMENT. 

arc made concerning the nature of these rights and duties, 
just as discoveries are made concerning the nature of 
other natural phenomena. There is, however, this differ- 
ence to be noted : rights and duties are discovered by ex- 
perience ; the nature of natural phenomena is determined 
by experiment. Human life and its interests are too sa- 
cred to permit experiments to be made for the purpose of 
discovering rights and duties, as experiments are made in 
chemistry to determine the nature of strange compounds. 
The closer a government gets to the experience of the peo- 
ple, and the less it experiments with them, the more the 
welfare of men is promoted. Only arbitrary despots like 
the Czars of Russia ever experiment with human beings. 
A law is sometimes called an experiment, but it is based 
upon previous experience. Oftentimes people who are 
corrupt or ignorant oppose the increase of knowledge of 
political rights and duties. This opposition is sometimes 
composed of masses of people deceived and misled by 
bold men. But such opposition to the general welfare 
has caused mighty struggles for rights, such as the wars 
that have devastated different countries at different times. 
We must keep in mind that political rights and duties are 
as natural to all men as eating or sleeping ; if not subject 
to wise laws, men become politically diseased and think 
and act foolishly and wickedly, and have to suffer the 
consequences of their actions. A great law of politics is, 
that the possession of power is the possession of responsibility : 
in a republican government like our own this responsi- 
bility rests upon every citizen, for the authority of the 
government is the will of the people of the United States. 
48. Freemen's Rights and Land Rights. — Anglo-Saxon 
ideas prospered in England, and in a few years overspread 
the land. In three centuries they were firmly rooted in 
the island. Land was held in two kinds of ownership: 
one, ownership by the individual; the second, ownership 
by the public, or, as we are accustomed to say, by the 



POLITICAL B10BT8 M t VOLAND J7 

Btate. The public land was called th< i word 

.-till used in Borne parte of otu i ountrj ai the nan 
public parks or squan 9. 1 i< n with land 

and freemen without land, bul the land< 
rights not allowed t<> tin- landless man ition thai 

land-owning gives peculiar rights politically continu 
England to this day, and it pn vailed in boo ot the 

United States until about I - 

19. Growth of Cities. I •, up in 

land, and the townspi ople w< re v( ry activ< and j< 
of their ancient rights. The kii 1 ntly tried to 

restrict the liberties of the towns, but 
the towns was too gn at B 

liked then- ancient rights better and betl liked the 

freedom that was guaranteed by their old I I cus- 

toms. < H'trn they w< re called upon ill in 

locution of the laws. < me of th< w old 1 
the M Hue and cry," .-till contin 

BO. Hue and Ory. — If s person in the hundred or the 
shire had committed a crime, he was quickly pursued by 

those whom he had Wronged <T l.y | :]'. [f lie 

could not at once be found, the h 

and all the people joined in the -earch until th< 

was seized. The sheriff still has the authority to call on 
the people of the county, the " i> ~ it is 

called, when he alone is unable to execute the 1. 

51, Juries and Tax-levies. — The English people liked 
the free and ancient manner of acquiring and of conveying 
land; they liked their old custom o\' trying Buits at law 
before a jury of twelve men. who saw the parties in the 

dispute face to face, heard the Btory of each party and 

decided according to the facts in the case. They liked 

also the ancient manner ^\ levying taxes, which wa> to 

allow the elected representatives o\ the people ^\ each 
township \o levy the taxes for that township. This was 
in accordance with the rights o( Local government Es it 



28 CIVIL GOVERNMENT. 

strange that the people came to speak of their rights as 
"the ancient and undoubted rights of the people of Eng- 
land"? 

52. The Norman Conquest. — A great change came 
over England in the year 1066 : the Normans, a Franco- 
German people, conquered the island. These French- 
speaking Germans took all the land of England as a 
military tribute, and the Norman leader, William the 
Conqueror, took the title to all the land. He gave part 
of it to his nobles on condition that when he wished their 
services they would instantly come and serve him: the 
land taken in this manner by a nobleman was called a 
feud or fee, and the system thus begun was called the 
Feudal System. The feudal system still prevails in Eng- 
land, but it never prevailed in the United States. It lies, 
however, at the foundation of some of our ideas about 
land. By it the title of all the land was vested in the 
king. With us the title of land is vested in the owner of 
it, but if the owner is not the state, the title of the land 
can be traced back to the state, for the state in this coun- 
try is the lawful successor to the king. 

53. Origin of Taxes. — The personal service of the lord 
in war was not regular, and after a time the king consented 
to take a definite sum of money instead of war-service ; the 
lords thus became taxpayers, but they collected the money 
for the taxes from the people who lived upon the land, and 
these people were the descendants of the ancient owners 
of the land. 

The king was supposed to be the real owner of the lands 
and to protect them, and, as he had given the land to the 
lords, they did not dare refuse to pay him taxes, lest he 
should take their lands away and give them to others. In 
the United States we know that if a person fails to pay 
the taxes levied by the authority of the State, the sheriff 
will seize his land and sell it. The sheriff represents the 
people of the State by whose authority the taxes were 



POLITICAL BIGHTS t» ENGLAND. 

levied, in England the Norman king wa te, but 

he did not represent the wishes of the people. 

:, I . The Rising of the People against the King. 
by one the ancient righto of the English p 
taken from them by the king. Landholding became im 
cure; the old laws and customs were ignored ; the people 
complained, bul the king would nol listen. At last th< 
Archbishop of ( tenterbury, 8teph( n Langton, invit- 
of the barons of England to join with him in compelli 
King John to acknowledge, and rule according to the on- 
doubted and ancient rights of the p- ople o nd. 
John refused; the king and the barons prepared Corn 
but the king's heart failed ; be had a bad cam >n- 
sented to grant a charter of rights, by which the old 1 
and customs should be n md the people prot( cted 
in the exercise of their ancient rights and lib< rt 

:»:». The Great Charter.— < >n the !5th of June, 1215, 
: , memorable year in th< hbishop 

and some twenty resolute barons statues of whom i 
support the ceiling of the House of Lords met the king 
:m «l his barons op a little island in the Thames, called 
Runnymede, about fifteen miles above the city of Lon- 
don. There and then the king to acknow- 
ledge the ancient rights of bis people in a charter called 
Magna Charta, the " Great Charter,"and as the kin- and 
many of his barons could not write their names, they 
tied their seals to the charter With leathern Btrings, and 
the charter with its seal- of stnnr may be Been in the l'.rit- 

ish Museum to this day. The king tried to ignore the 
charter, but the people and their barons waged war against 
him with Buch success that he and his successors for more 
than seven hundred years have Bworn "to rule according 

to the law of the land " and BUpport the principles of the 

charter. This promise of the kin- o( England at his coro- 
nation Is similar to the custom that prevails in the United 
states at the inauguration of a President, who tab s 



POLITICAL RIGHTS W ENOL \ND 31 

eniii oath to " preserve, protect and d< fend th. < institution 
of the United Stat 

56. The House of Commons. But BOm< 
broke their promises to the people. FHft} y< ra after the 
Great Charter the people of England found another patri- 
otic leader and friend in Simon de Montfort, h 
the king, I fenry III., and summoned the i 
of the people in a Parliament The people had • 
'accustomed to choosing an assembly of their iris* men, 
who had made the lawi of the land, bul in l 
assemblies had long fallen im<> « i i ~ > i ~ . I ». | • sim- 

ply restored them and gave them a French name, / 
nun!, the " talking body." In this first English Parlii 
the people were again repress nted by tun m< q from 
shire and two from each borough. Tl • 
ofthe people soon united to form the // f < 

which continues to this day as the representative council 
of the people of England. The < !ommi 
the Englishmen who vote. The king's council l- 
the House of Lords, an hereditary body. The Lords are 
descendants of old land-barons or an m< n raised to the 
peerage by the king. 

r>7. Powers of the House of Commons. — The (*«'in- 
mons soon showed their power to be greater than that of 
tlie Lords. From ancient times the representatives of the 
people of the shire had voted the taxes to be raised by the 
shire; the Commons therefore voted the taxes for all l 

land. The existence of the army and of the navv and 

(^( the entire clerical tore*' of the government depends 

upon the vote of the House o\ CommOl D the 

money for the king's household is the gifl of the Ilou-c 
of Commons. 

58. Struggle between King" and Commons. - For the 
last live hundred years in England the kirn: with the 
lords have been struggling against the commons. Some- 
times the House o\' Commons has been frightened into a 



32 CIVIL GOVERNMENT. 

brief surrender of ancient rights, but the people have 
always regained more than they seemed to lose. Eng- 
land has become more and more democratic ever} r day. 
The struggle between king and commons reached its 
height during the time of the House of Stuart. 

59. The Petition of Right.— In 1628 the House of 
Commons wrung from the king the second charter of lib- 
erty, the Petition of Right. By this charter the king gave 
up for ever all claim to the right of levying taxes ; he no 
longer could imprison a subject at will; he could not 
quarter soldiers in any house without the consent of the 
owner. But after a few years King Charles I. disregarded 
the Petition of Right. 

60. Civil War leads to the Commonwealth. — The 
king and his followers, called the royalists, made war upon 
the House of Commons. Civil war raged for about six 
years, till the king was made a prisoner, was tried by a 
jury in the great hall of William Rufus, was sentenced to 
death, and was executed, because he had attempted " to 
rule contrary to the law of the land." Then for twelve 
years the people of England had no king, but were gov- 
erned by Parliament. Oliver Cromwell, one of the greatest 
of Englishmen, became chief executive with the title of 
Lord Protector, a significant title for the chief magistrate 
of a free people. England was a commonwealth. But 
the royalists wanted a king, and they succeeded in restor- 
ing a son of the beheaded king, and Charles II. ruled in 
England. Liberty had made much progress under the 
Commonwealth, and it continued to progress under the 
rule of the new king. 

61. Habeas Corpus the Security of the Citizen. — 
Although Magna Charta had said that no man should be 
imprisoned unless by the legal judgment of a jury of his 
peers, still in some instances persons sent to prison by the 
king's warrant had been kept there without help or rem- 
edy. In 1679, Parliament remedied this evil by passing 



POLITICAL BIGHTS ft I VOL \ND 

the Habea Corpu act, which prevented the king and 
successors and all others In authority from w>n- 

ers in jail al pleasure. Every prisoner in I i and in 

this country committed to jail on ch any crin 

entitled t<> have a hearing before the court in his own 
behalf, and have ill" chi linst him i Jtamined \ 

fully. Tin' word- habea mi an, "II ly. M 

By the exercise of this right the body of I >ner 

musl be brought before the court to answer in bis own 
behalf whether he shall be returned to jail oi by 

the judgment of the court and the law of the land 1 
ad baa been re-enacted in every Ami S . and is 

considered the most famous security of personal lib 

known to OUT law 8. 

62. The Bill of Rights. Nine yi in 1688, the 

English people by their representatives in Parliament* 
peUed their king, James II.. brother of Charles II 
he persisted in attempting to rule contrary to the Ian 
the land. They declared the throne vacant, and inv 
William. Prince of Orange, to take the crown, on condition 
that he would acknovt ledge the anci< nt rights of the Eng- 
lish people and >w<ar to BUpporl and defend them. That 
there might be no mistake concerning these rights, Parlia- 
ment drew up a statement of the principal rights i< 
claimed and contended for by the people. Thia Btatemi nt 
is the famous Bill of Rights of 1688. Prince William con- 
sented, and a member of Parliament placed the crown 
upon the new king's head as the first constitutional king 
of England. So ii Is truly said that Bince L688 the mon- 
archy of England have their title by act of Parliament ; 
that is, by the consent of the representatives of the peo- 
ple of England. 

The Bill of Rights has been called the constitution of 
England; but that statement is not quite correct, because 
the English people have never reduced their civil institu- 
tions to writing. The British constitution consists of the 



34 CIVIL GOVERNMENT. 

law oi" the land, its civil institutions, and the rights and 
duties of the English people. 

63. The Experience of England Beneficial to America. 
— The long and successful struggle for rights in England 
was of incalculable advantage to America. But the Eng- 
lishman of the seventeenth century had not the rights 
now enjoyed by a citizen of the United States, nor even 
by a citizen of England to-day. 

In 1688 an Englishman had not the right to worship 
God according to the dictates of his own conscience ; he 
had not the right to educate himself; he had not the right 
to vote ; he had not the right to choose a trade or occupa- 
tion ; he had not the right to own land ; he had not the 
right to travel ; he had not the right to express or publish 
his opinions. 

The Englishmen who came to America during the cen- 
tury and a quarter in which the American colonies were 
founded brought with them many ideas which would not 
now be tolerated. These ideas, however, were immediately 
enthroned in the customs and laws of the colonies. The 
rights of the citizen of the United States have increased 
rapidly in a hundred years, and they are enlarging con- 
stantly as he becomes conscious of them and lives up to 
the demands of his industrial, political, civil and moral 
duties. America has outgrown the limitations of the 
rights of the people in her early colonial days, and has 
become the freest country in the world. 



CHAPTER IV 

THE STORY OF POLITICAL RIGHTS IN COLONIAL 
AMKRICA 

64. The People of the Colonies. -Most of th< earl} 
colonists were English people, and they claimed .ill those 
ancient and undoubted rights for which 1 1 * « - people «•! 
England had bo 1 « » i » _t contended. These rights and lil>- 
erl tee were guaranteed them by the ( fro* n in ch 
granted .-it various times from L606 n- L732 Prom the 
beginning these rights \n- re ass< rted and applied. The 
Virginians organized their House <>!' I - in 1619, 

after the model of the House of Commons. In L 620 the 
Pilgrims, while yet on board the " Mayflower," dren up 
and Bigned the famous compact which Implied the p 
sion <>f all these rights, and which was the first written 
constitution in America, li was the civil experien 
the people of England thai laid the foundations "t' repre- 
sentative government in the colon 

<>.->. The Colonial Governments. The colonial govern- 
ments were organized under the tripartite form of i 
tive, Legislative and judiciary, but these departments 
not distinct from each other : the executive was constantly 
invading the domain »>t" the legislative, and the judiciary 
was not independent In time the colonics tell into three 
civil groups, known as the Royal, the Proprietary and the 
Charter Colonies. These were alike in one respect, that 
in each colony the freemen elected the members of the 
lower branch of the legislative department, usually called 
the Assembly. This lower house possessed exclusively 

36 



POLITICAL UIGBfS ft COLONIAL \MERICA 

the right to levy taxes and to appropriate the public 
money. In each colony the Assembly irai i lo 
of Commons, and in North Carolina it was known by thai 
name. In the royal governments all officials save the 
members of Assembly were appointed by the < frown or by 
the colonial governor, himself bo appointed. Even the 
itive branch fell the royal pow< r, i- cause its upper 
house, called in some colonies th< Benate, "i" □ 
monly the Council, was appointed by the governor. He 
also appointed the ordinary administrative officers, l»<.th 
civil and military. In the proprietary governments the 
lord proprietor took the place of tin king, and made sim- 
ilar appointments. In the charter governments the mem- 
islature and the governor w< re elect d, but 
the judiciary was appointed by the governor. At the time 
of the Revolution, Connecticut and Rhode Island 
charter governments; Maryland and Pennsylvania were 
proprietary ; and the remaining nine were royal. 

<;<;. Defects in these Governments.— Tin lack 
foundation on the will of the people was the chief de- 
fed of the colonial governments. They were not demo- 
cratic in character, and government was conducted largely 
by those who could not be held responsible for theii 
There was least complaint of this kind in the two charter 
governments, and the evidence of their excellence is their 
continuation long after the Revolution; Connecticut con- 
tinuing her government under the charter of 1663 until 
the adoption of her constitution of 1818, and Rhode 
Island her charter of 1663 until her constitution of 1842. 
Had all tin 1 colonies enjoyed charter governments, the 
Revolution might never have occurred. But in eleven 
colonics the people had Blight control over public affairs. 
The royal governors were creatures of the Crown who came 
to America to better their fortunes. The governors 
over by the Penns and the Calverts were no better. As no 
ad o\' Assembly could become a law until approved by 



38 CIVIL GOVERNMENT. 

the governor and finally by the Crown, the people had 
frequent occasion to complain that their governors had 
refused assent " to laws the most wholesome and necessary 
for the public good." If a governor nowadays refuses to 
sign a bill, the legislature may make it a law without his 
assent. The people of the colonies had no means of re- 
dress ; they were at the mercy of their governors, who, by 
declaring what bills they would sign or the king would 
approve, seriously interfered with the independence of the 
legislative and imperilled one of the most important prin- 
ciples of free government. The governors were in no 
sense responsible to the people, though receiving their 
salaries out of the public treasury ; the executives in 
eleven of the colonies were military officials rather than 
civil officers. The whole tendency of royal government 
in America was to make the military superior to the civil 
authority. The governors had the right to assemble, to 
adjourn or to dissolve the colonial legislatures; they 
called the Assemblies together "at unusual, uncomfort- 
able and distant places," for the sole purpose of fatiguing 
them into compliance with their measures ; they frequently 
dissolved them without cause, and by their arbitrary acts 
imperilled the progress and safety of the colonies. Royal 
interference was a subject of common complaint. The 
Assemblies in America thus came to continue the old 
struggle between king and commons. It was the struggle 
between democracy and absolutism, between representa- 
tive government and an unconstitutional monarchy. 

(il. Restriction of Colonial Trade and Industry.— 
A fertile source of complaint amongst the colonists was the 
parliamentary legislation which practically prohibited 
colonial trade and arrested the development of American 
resources. The act of Parliament of 1660 compelled the 
shipment of all articles to or from America in English 
ships manned by English sailors The act of 1663 com- 
pelled the colonists to buy all their supplies in England, 



POLITICAL UK HI is i.\ COLONIAL AMBBIi 

and in England only, and prohibited manufai 
America. " Even William Pitt, the friend of An, 
declared thai she had no right to manufactu i nail 

for a horseshoe except by permission of Parliament 
ad of L672 compelled the Americans to Bend their prod- 
ii, n from one colony to another either by iray of 
tol, England, and pay duty there, or, if sent directly 
colony to colony, to pay the duty in Am< rica Th( se laws 
were in force in 1776, and had been Btrengthened by many 
particular acts of the Bame nature. 

88. The Question of Taxation.— The struggle betwa D 
the king and the colonists was intensified when the British 
Parliament in L766 took Bides with the king and asserted 
ht to tax America, as he asserted hie right togov< rn it. 
The Americana denied the right of Parliament to tax them, 
and formally Bet forth their opinions in the Declaration of 
Rights of 1765, in which they Baid : 

"Tim it is inseparably essential to the freedom of :■ |»->]'1<-. -\n<\ tho 
undoubted righl of Englishmen, that no taxes be imposed on them l»n 
with their <>\\n consent, given personally or bj tli.ir representatives, 

"That the people of these colonies are not) and from their local <ir- 
cumstances cannot be, r epre s ent ed in tl'<- House of ( ommons, h 
Britain. 

"That the only representatives of the people of these colonies i 
smis chosen therein by themselves ; and that no taxes ever havi 
or can be constitutionally imposed «>n them, bul bj their respective 
legislature 

The adoption ofthe Declaration of Rights crystallised the 
feelings and opinions of the colonist-. At once it began to 

be said in America that the rights of the Colonists were 

their ancient and undoubted rights, and that these rights 
were natural; that the colonial Assemblies were t; 
House o\' Commons in America, that the real sovereign 
there was the sovereign people, and that the time had ar- 
rived to assert their political and industrial freedom. 



40 CIVIL GOVERNMENT. 

69. The Declaration of Independence. — At last came 
the inevitable expression of the political and industrial 
rights of the colonists ; it is the Magna Charta of America 
— the great Declaration of 1776. This famous state paper 
discloses the civil and political and industrial claims of the 
people of the thirteen colonies, and concludes with the 
resolution — 

" That these United Colonies are, and of right ought to be, free and 
independent States ; that they are absolved from all allegiance to the 
British Crown, and that all political connection between them and the 
State of Great Britain is, and ought to be, totally dissolved ; and that 
as free and independent States they have full power to levy war, con- 
clude peace, contract alliances, establish commerce, and do all other 
acts and things which independent States may of right do. And for 
the support of this Declaration, with a firm reliance on the protection 
of Divine Providence, we mutually pledge to each other our lives, our 
fortunes, and our sacred honor." 

70. The Revolution. — The action of the colonists in 
declaring themselves independent resulted in war. The 
king sent over large bodies of troops to compel the colo- 
nists to recognize his authority. These royal troops were 
trained and disciplined soldiers, well supplied with food, 
clothing and all the munitions of war. 

The troops of the colonists were men of peaceful habits, 
who left their farms, their workshops and their homes to 
defend their rights. They were without experience in the 
art of war, poorly equipped with arms and scantily sup- 
plied with food and clothing. On many occasions large 
bodies of troops passed whole days without food, and 
the snow-capped hills of Valley Forge, reddened with blood 
from their bruised and unshod feet, testified to their devo- 
tion to the cause of liberty and human rights. 

It would seem that the struggle could not long endure, 
and that inevitably the king would conquer. But "there 
is ;i God that watches over the destinies of nations." 
After eight years of contest of varying fortune, the col- 



4'2 CIVIL GOVERNMENT. 

onists were victorious ; the royal troops boarded their 
ships and sailed back to England, and the United States 
of America, free, independent and self-governing, assumed 
its station among the sovereign nations of the earth. 

71. The Colonies become States. — During the war the 
colonies were joined together in a loose federal government 
under the Articles of Confederation. This form of gov- 
ernment proved defective ; it lacked " a supreme executive, 
a supreme legislative and a supreme judiciary." In 1787 
a " more perfect union " was formed by the adoption of the 
Constitution of the United States, which guarantees the 
rights of the States and the rights of the citizen. The 
colonies became States, with written constitutions in which 
the familiar idea of a tripartite government was carefully 
followed. The colony of New Hampshire was the first to 
form a State government in 1775, before the Declaration 
of Independence. Most of the State governments were 
formed about the time of the Declaration. Thus it came 
about that the struggle for political rights in colonial 
America led to our independence and to the organization 
of our government in a dual form — the government of the 
States and the government of the United States. Hence- 
forth government in America is to be a u government of 
the people, by the people and for the people." 

" Liberty is in her new home. Strong hands will sub- 
due the wilderness, and brave hearts will establish an 
empire extending from the frozen regions of the North to 
the sunny climes of the South, from the stormy Atlantic to 
the peaceful Pacific. Through hardship, suffering and 
sacrifice, the great republic of the Western world shall rise 
to become a peer among the nations. Its starry flag shall 
be the emblem of the world's best hope, for to it the op- 
pressed of all the earth shall turn with longing eyes, and 
beneath it there shall be peace and plenty, and the recog- 
nition of the rights of men." 




Pa rt I I. 



LOCAL GOVERNMENT. 



God governs in the affaire of men, i ravklot. 

Government t of the People, by the People, for the 
People. Lnroo] ft, 

The village, or township, is the only Uion 

which is so perfectly natural that wherever a num- 
ber of men are collected it sa ms to constitute ii 
-De TocquxviLLR, 

To the people we come sooner or later; if is upon 
their wisdom and self-restraint that the stability 
of the most cunningly devised scheme of govern- 
ment will in the last resort depend— ^x* 

Not lightly fall beyond recall 

The written scrolls a breath can float; 
The crowning fact, the hingliest act 

Of freedom is the freeman's vote, — Whittier. 



CHAPTER V. 

THE PEOPLE AND THEIR HOME AFFAIRS.— HOW 
THE PEOPLE GOVERN THEMSELVES. 

72. By the adoption of the Constitution of the United 
States, and the formation of a National and State govern- 
ments, the colonist became a citizen. Both the Federal 
constitution and the State constitutions provided for a 
government of three departments, legislative, executive 
and judicial, and placed the whole power of government 
in the hands of the people themselves. Frequent changes, 
the result of experience, have been made in the forms and 
methods of local government, and at the present time there 
are to be found variations in the forms and methods of lo- 
cal government in the different States. The people govern 
themselves largely through the agency of political parties. 

73. Political Parties.— As soon as the United States 
government was organized the people began to have differ- 
ent ideas about their rights and duties under the Constitu- 
tion. Thus political parties originated among us. The 
power and influence of political parties have increased to 
such an extent that they now form the most important 
agency in the government of the people. 

It is well for the country that the people form different 
political parties. Errors in the administration of govern- 
ment are less likely to occur and are more quickly rem- 
edied when one party keeps a close watch upon the policy 
and actions of its opponents. 

74. Party Committees. — The interests of political par- 
ties are looked after by committees. Each party has a 

44 



Till' PEOPLE AND Til I'll: HOME AFFAIRS US 

national, a Btate, a county, a city, and usually a town- 
ship or town cuiniiiir 

T:». The Primary or Delegate Election.— Tin- primary 
or delegate election ia held for the purpose of ch< 
delegates to a convention a1 which nominal office 

are made. At the primary i lection only thoc lowed 

to rote who belong to the party in whose u 
mary election ia held. ■ 

Hi. The Nominating Convention is held for the pur- 
of nominating candidates for office, h ia composed 
of the delegates eli ct< d at the primary election. I 
egates represent their \\ hole party. 8om< tim< - thi ! 
difference among the delegates in regard to the noi 
tions ; if this difference cannot be n conciled, thi 
to be a " split " in the convention ; but usually each nom- 
inee obtains the unanimous vote of the conv< ntion. tf the 
split is serious, the dissatisfied memh ra of the part] 
another convention and nominate a ticket to their liking. 
The convention usually places it- most available mei 
the ticket. In the convention the availability of a man 
usually counts for more than bia ability. The business 
of the convention is to nominate candidate - who will win. 
All members of the party are expected to Bupport the 
nominees of the "regular" party convention. \ i 
who runs tor office without :i regular nomination i- called 
:m independent candidate. The candidates ami their 
friends contribute money for a "campaign fund," a name 
given to the money that i- used before election tor the 
purpose o\" securing the victory <>\ their party. 

77. State Conventions. For the choice of candidates 
tor State offices the representatives of different political 
parties assemble in their own convention-. The repr 
atives are delegates locally chosen, and are often under 

* The method of making nominations and conducting el ectiona 
▼tries, but the method as given in this chapter i- the most common. 
8ee note pace 58 



46 CIVIL GOVERNMENT. 

promise to support some particular candidate ; such dele- 
gates are said to be "instructed." In State conventions 
nominations are made for governor, lieutenant-governor, 
secretary of state, State treasurer, State auditor, and in 
some of the States for judges of the State supreme court 
and State superintendent of public instruction. 

Members of the State legislature are nominated in con- 
ventions held in State senatorial districts and in State rep- 
resentative districts. 

Members of the national House of Representatives are 
nominated in Congressional district conventions. 

78. National Conventions. — The candidates for the 
Presidency and Vice-Presidency of the United States are 
nominated in a national convention, which is an assembly 
of delegates from all the States and Territories. Each po- 
litical party holds its own convention, which usually con- 
sists of twice as many delegates as the Congress of the 
United States has members* 

79. Benefits of the Convention. — The convention rep- 
resents the liberty of the citizens to assemble peaceably 
for the transaction of any business in which they are in- 
terested. It originated in New England at the suggestion 
of Samuel Adams, and, with some modifications, has 
spread over the entire country. When honestly conducted 
the convention is a simple means for ascertaining the 
wishes of the people in the nomination of public ser- 

* The development of the political convention in America has kept 
pace with the growth of the conveniences in internal transportation. 
Before 1790 a convention consisted of representatives who could con- 
veniently gather on horseback from a few adjoining towns. With the 
introduction of stage-coaches came county conventions. When the 
canal and the post brought people in closer association, groups of States 
began assembling in convention — a period culminating in 1825. A 
national convention was not possible until after 1850, the period of the 
beginning of railroads, and became a convention in a truly national sense 
only when the telegraph had brought all parts of the country into 
closest relations. 



THE PEOPLE AND THEIR HOME AFFAIRS 17 

pants, n i- the strongest bond of party union and the 
longest lever of political machinery known in Amei 

so. Evils of the Convention. By the abuse of I 
politic becomes a trade. Political barga djb n made 
between men irho by their peculiar influen ble to 

,,,,i ;l strong vote for or againsl b candidate. In the 
convention political influence is paramount I 
fluence \e generally legitimate, but irh( d m< 
■ bosses " use money or improp r infl . 
election, the convention is the place where th< 
trate their efforts. At their hands the " campaign hind." 
raised by the party for the purp ilitical 

Bpeakers, of hiring space in n< wspap nixing 

political meetings, parades and other influences in the 
interesl of the party, is sometimes deflected from its prop* r 
ose and expended in buying vol found 

who are willing to sell their votes to the highest bidder, 
do1 realizing the immorality and the danger of Buch po- 
litical corruption. An elector who will sell hie 
faithless and dangerous a titisen as the unscrupulous po- 
litical u boss " who purchases it : political corruption is the 
consequence of their wrong-doing. 

The evils of the convention are far outw< ighed by its 
advantages, and are the exception, not the rule in the 
United Stat 

si. The Evils should be Remedied Son etimes the 
people rise up againsl the bosses and overthrow them by 
rejecting the nominees of the convention and electing 
others more to their liking. A.S our entire politl 
of tree government in this country Btarts in the conven- 
tion, it is absolutely necessary for the welfare of the people, 
both in local and in national affairs, that the convention 
be kept just and pure. The responsibility of the citizen 
in such a government as ours requires him to he very hold, 
very just and very persistent in his demands for the purity 
of all political management The Bubject is of the greatest 



48 CIVIL GOVERNMENT. 

practical importance, and touches every right of the citizen, 
industrial, political, social and moral. It cannot be too 
plainly understood that the demoralization of our politics means 
the rein of our liberties, tlie overthrow of our institutions and 
our extinction as a nation. The remedy for our political 
evils consists in an active sense of justice and an earnest 
demand for political honesty by every citizen of the 
Republic. 

82. The Campaign. — After the nominations are made 
and publicly announced the campaign begins. Each party 
uses every means in its power for victory over its oppo- 
nents. In local elections the excitement is usually small, 
but sometimes a brilliant campaign in a single State is the 
beginning of a national campaign. The activity of the 
newspapers and of the politicians and the general intelli- 
gence of the electors tend to keep the people familiar with 
the political issues of the day and the principles involved 
in our government, both local and national. 

83. The Electors or Voting" Citizens. — The right to 
vote is regulated by the constitution and laws of the sev- 
eral States, subject to the Constitution of the United 
States. The qualifications of the elector vary somewhat 
in different States, but all the States require the elector to 
be of sound mind, of the age of twenty-one years or more, 
and to be a resident in the State, county, township or 
town, city, ward or polling district where he offers his 
vote. Some States require the payment of a tax; others 
require the ability to read or write. 

84. The Polling-Place. — The polling-place is fixed by 
law; it is the place lbr depositing the ballots of the elec- 
tors It isthe one place in the United States where " all 
men are equal :"' one vote counts as much as another. 
Each elector here mingles with his political peers, and by 
his ballot endeavors to impress upon the State or nation 
his own ideas or those of his party. This is the place 
where the character of our government, both local and 



THE PEOPLE AND THEIR HOME Ml MRS 19 

national, u determined. < >ui - mm - ivil structun d< p . 
upon the opinions of tl polling-plat i 

under the protection of -|>< cific laws the pur- 

pose of maintaining the parity and bom 

85. The Right to Vote may be Lost- 
vole is loel upon conviction of such a 
murder, forgery, brib< rj . larceny, duelling 
meanors, embezzlement of public fi 

office, and the gn tag 01 \< 1 1 iving of 1 in- 

fluence elections. 

86. The Party at the Polls.— M«n of t! 
voir the same tick( t. If they an 

tors, they eled their candidate ; dispute d 

case of local officers 01 of State offioi n ore d< 1 id< -1 bj 

courts : if the dispute concerns an 1 lection of a 1 

of the State legislature, it i- decided by tl • 

itself. In the < 'ongrt se of thi I nit -I Bt b boost 

decides as to the election of it- own m< mbt re. The party 

victorious at the polls becomes the " adm the 

party in power.* The Ideas of the party soon find 

sion in legislation, and arTed all the rigl ind 

duties of the people. This efled of party administration 

may be local, state or federal. It' th< the part 

\ft-r the installation of 1 party in pon 
in the officeholders. Officials nol belonging to the sdministratioo 
displaced, tnd the offit es are given to 1 1 » * * friends of the administration. 
A greal party is usually composed of factiona The l< 
factions make political bargains by which the offices are divided an 
the factions All political parties in the United States ad on the prin- 
ciple "To the victors belong the spoils." In order t<> prevent the evils 
of the "spoils system," civil-service examinations for governmenl ap- 
pointments have been advocated, which 1im< led t<* the inauguration 
our civil-service reform, Applicants for government clerkships in sev- 
eral of the departments are now required t<> pass written examinatit ns, 
ami from the li>t of persona found to be qualified the appointments :irv 
made. The cardinal principle of civil service is, " No removal ex< 
tor cause, and no promotion except for merit."' 

4 



50 CIVIL GOVERNMENT. 

administration of the government is believed 03' the people 
to be injurious to their interests, subsequent elections 
change the administration and commit the government to 
another party. In this way, by frequent elections, public 
servants are held responsible to the people for their ad- 
ministration of the government. 

87. Election Officers. — Each election of public officers 
is under the care of election officers. They are adminis- 
trative officers only ; their duty is to conduct the election 
according to the laws of the State. Usually, the two most 
powerful political parties are equally represented on the 
board of election officers. Proofs of qualification are re- 
quired of all voters at the discretion of the election officers. 

88. Counting the Votes. — The time of election is 
usually from sunrise to sunset. At the close of the polls 
the vote is officially counted and recorded, and a correct 
report is sent to the court of the county. This report is 
called the return. The return is recorded in the county 
court as a part of the county records. It is the property of 
the State. The official count of the votes is also made 
known for the information of the people. 

89. The Officer Elect.— The person receiving the high- 
est number of votes is elected to the office to which he 
was nominated. Before assuming the duties of the office 
he takes the oath of office, swearing or affirming loyalty 
to the United States and to the State in which he lives if 
he is elected to a local or State office ; but if chosen to a 
Federal office he takes only the oath to support the Con- 
stitution of the United States. The office is then turned 
over to him by the retiring officer. 



90. The Press. — An important factor in matters of gov- 
ernment is to be found in the press. We are a nation of 
newspaper-readers, and many of our political ideas are 
derived from them. Usually, the press is to be found on 
the side of good government. It influences the individual 



THE PEOPLE AND THEIR HOME AFFAIRS : »1 

elector; if influences the political convention; if advo- 
cates public reforms; and frequently, by conaolidaf 
public opinion, it compels negligent officials to admin- 
[ater their offices with a riew to the public welfare. The 
press i- i" ' and its freedom is guarded by all of our con- 
stitutions; hence public affairs are constantly I to 
its scrutiny and criticism, and it thus becomes a valuable 
aid in helping the people to govern themseh • 

91. The Town Meeting.— -Another important 
in matters of local government is 1 1 1 « - town m< [Tie 

town meeting originated in x land, but it 

and flourished in all the colonies in the form of ■ public 

embly. Samuel Adams is called "the father of the 
t«>wn meeting." It is the voice of public opinion din • 
to the discussion of current questions. Of l in 

sonic section- of the country, the town 1 

limed new features; frequently, when a public qi 
tion interests a community for any 1- ngth of time, ■ town 
meeting is called and the question openly die It 

tlms becomes a living expression of public feeling, and 
has a powerful influence in moulding the opinions and 
tions of those in authority. Such a town m< 
distinguished from the town meeting which assembles for 
the purpose of transacting the civil business of the town. 



CHAPTER VI. 

THE STATE AND THE TERRITORY. 

OOXKOC 

The State. 

92. Its Nature. — A State is a political community of 
free citizens, occupying a territory of denned boundaries, 
and organized under a government sanctioned and limited 
by a written constitution and established by the consent 
of the governed. Each State or commonwealth main- 
tains a republican form of government.* 

* The general form of government in the different States is practically 
the same. Each State has its executive, legislative and judicial depart- 
ments and officers, as required by the State constitution, and each has ad- 
ministrative departments and officers, some of which are required by the 
constitution and some of which have been created by enactments of the 
State legislature or General Assembly. Local interests in a State will 
sometimes require the creation of an office unknown in other States, and 
there will frequently be found variations in the manner and method of 
accomplishing certain objects, in the number and names of officers and 
offices and in other minor matters of detail. In one State the title se- 
lectman has the significance of councilman or alderman in other States. 
The courts in which the estates of deceased persons are settled is in one 
State called the Orphans' Court ; in another State it is called the Pro- 
bate Court, in another the Surrogate's Court. In one State the highest 
State court is known as the Supreme Court, in another as the Court of 
Appeals, and in another as the Superior Court. In one State an officer 
performs a certain duty which in another State is performed by an en- 
tirely different officer. What is done in one State by a single officer, 
in another State may be the duty of a board of officers. A form or cus- 
tom common in one State may not be found in another State. The study 
"of the causes of these variations usually discloses the fact that they are 
52 



////: STATE \\h THE n RRITOEY. ~A 

98. Its Government. — I rnment of th< 3 

tripartite, and is vested in three departments, legislative, 
executive and judicial; it Lb entrusted by tin- people of 
3tate, under a written constitution, to law-making, 
law-executing and law-judging offi< 

94. The General Assembly or Legislature.— I 
lative department is vested in two independent I 
called respectively the II<>ii-' of Repn -• otativi b, the lower 
house, and the Senate, the upper house The two h 
comprise the < ren< ral Asa mbb 3 The 

legislature makes the laws for the State, which must not 
conflid with the Federal Constitution oor with that of the 
stair, or they may he declared unconstitutional by the 
courts, and then fore mill and void. Thest laws provide 
tor the dealings of the citizens with each other, such as 
making contracts and partnerships, buying and - < • 1 1 i n lt 
lands, houses, goods and property Of all kinds, making 
mortgages, deeds, promissory Dotes, cl • »r the 

organization and government of corporations such a- in- 
surance, railroad and telegraph companies, for the pre- 
vention and punishment of crime, for the establishment 
and support of charitable and educational institutioi 
establishing and regulating courts, for the government of 
comities, cities, boroughs and townships, for tin- method of 
procedure in courts, for the qualifications of electors 
all other matters in which the citizens of the Stat.' may 
have any interest* It is the duty of the legislature to 

ancestral in their origin. \ motion of the country the residents of which 
are of German descent will show differences in local matters from a 
section whose residents are of English or Scotch-Irish lineage. It 

should bo remembered thai these variations are merely matters of form : 
they do not conflict with the general plan of government, hot, on the 

contrary, may he taken as evidences of an effort !<> -eenre the best form 
of loeal government The details oi the government of any State can be 
disclosed only by a study of the constitution of that partienlar State, 
and oi the forms and methods in use therein. 

* Laws an- made by the State legislature practically in the same 



54 CIVIL GOVERNMENT. 

make such laws as will promote the general welfare of the 
people of the State. All the laws of the State are enacted 
" by the authority of the people of the State." 

The State is divided by the legislature for election pur- 
poses into representative or assembly districts, State sena- 
torial districts and congressional districts. The repre- 
sentative districts are the most numerous, and are arranged 
with reference to local interests. The senatorial districts 
are arranged with reference to groups of interests, such as 
those of a county or of a city. The term of service for the 
House of Representatives is shorter than that for the 
Senate. The powers of the two houses are generally the 
same, except that usually the lower house has the exclu- 
sive right of impeachment, to levy taxes and to originate 
bills for the expenditure of money, while the Senate has 
the exclusive right of trying impeached officers and of con- 
firming appointments made by the governor. The time 
allowed by law for the meeting of the legislature is called 
the session. The regular session varies in different States 
from forty to one hundred and fifty days. The ten- 
dency in the later constitutions is to limit the length of 
the session and to make it biennial. Legislators are paid 
a salary for their services, and they are allowed a sum of 
money called mileage to pay their traveling expenses in 
going to and returning from a session of the legislature ; 
they have also an allowance for stationery and postage. 

95. The Executive. — The executive is the governor, 
elected for a term of years. He is required to advise the 
General Assembly of the condition of the State, and rec- 
ommend to its consideration such measures as he may 
deem necessary and expedient. It is his duty to see that 
the laws are faithfully executed. He represents the unity 



manner as by Congress (see page 73, fl 132). The essential features are, 
approval by a majority of both houses and by the governor ; or, if the 
governor does not approve, then subsequent approval by two-thirds of 
both houses. 



THE BTA TE AND THE TERRITORY. 

and power of the people of the Stat B< odor 

In-chief of the militia of th< 8 p4 wh. n it ■ 

called into the service of the United B II- nominates 

to the legislature, usually to the S 
officers not elected by the people, and offit 111 va- 

cancies until an election if held He commissions all 
officera whom he appoints. He has the pom i 
reprieves and pardon-. < \< ■< |.i in ■.■-•- «»t" ini]M-:t<-hiu< 
he signa billfl passed by the legislators if be appro 
them, or, it' he disapprove, hi which re- 

fusal Lb called a veto. En aom( - disapprove 

a pari of an appropriation bill and approve the remainder. 
Usually he has the power to call th< Si Date top th< 
the purpose of transacting ex< cutive bui 
the General Assembly together on extraordinary occasions. 

96. The Judiciary. The judicial power of 
is vested in the Bupreme court, called in some of the - 
the courl of appeals, and in auch low* i ty be 

established by the constitution of th< - 
era! Assembly. The State constitution prescribes the 
mode of election or appointment of the .r '1 the 

jurisdiction of the courts. Most of the cases d< 
in the supreme court are brought before it by appeal 
from the Inw.r courts, although it also 
thai originate in the supreme court The decision of the 
supreme court of the State is final, excepting for a certain 
class of cases designated by the Federal Constitution, which 
cases may be appealed to the United States coui 

i)T. Administrative Officers.— Tin- State constitution 
and the laws of the state provide also tor officera connect- 
ed With the executive department, whose duties aiv chiefly 

* In seme States the governor cm exercise the pardoning power <-nly 
on the recommendation of i board o( pardons provided for by the earn- 
stitution o( the state. 

f In Massachusetts and Rhode bland the term o\' serviee of the 
judges in the supreme court Of the State ifl for lite. In Delaware the 



56 CIVIL GOVERNMENT. 

to administer the laws. These officers vary in the different 
States, but usually there is — 

1. The lieutenant-governor, who presides in the State 
Senate, and in case of the absence, disability or death of 
the governor succeeds him as governor of the State. 

2. The secretary of state, who is the agent of official 
communication between the State and other States and 
the United States. He is the keeper of the archives of the 
State, and prints or causes to be printed the laws as they 
are passed. He attests the signature of the governor in 
all official documents. 

3. The State treasurer, who is the keeper of the moneys 
belonging to the State. He is under bonds with sufficient 
securities. He receives all money raised by taxation for 
State purposes, all fines, penalties and revenue from the 
sale of State lands and other sources, and pays out money 
upon warrants duly presented to him according to law. 

4. The State auditor, who examines the financial ac- 
counts of all State officers and makes an annual report of 
the condition of the finances of the State. His duties 
are of great importance in determining the exact financial 
condition of the State. 

5. The attorney-general of the State, who is the legal 
adviser of the governor and of the heads of departments. 
His opinions have great weight in influencing the governor 
in the exercise of his executive duties. 

6. The State superintendent of public instruction, who 

judges retire at seventy years of age. In the remaining States the 
judges serve for a definite term, varying from a term of two years in 
Vermont to a term of twenty-one years in Pennsylvania. In six of the 
States— Connecticut, Georgia, Rhode Island, South Carolina, Vermont 
and Virginia— the judges are elected by the State legislature. In four 
States— Delaware, Louisiana, Mississippi, and New Jersey— the judges 
are appointed by the governor with the approval of the State Senate. 
In Maine, Massachusetts and New Hampshire the judges are appointed 
by the governor with the approval of the council. In the remaining 
States the judges are elected by the people. 



//// v/i //. i \l> THE TBRBITi 

is the chief officer in the 81 

He baa in his care the public educational inti n sts <»i tin 
people of the State. He decidt - qu< stions of law and of 
procedure in school affairs, and his decisioi mally 

upheld by the courts. He reports the condition and i 
of the schools to the legislature . Hi- principal dutj 
secure uniformity, harmony and effici< ncy in the public 
schools. 

7. Each State has usually r State librarian, who 
e of the State library - iranoe 

commissioner, who examinee into the < "ii«li!i«.n .if the 
various insurance companies doing business in I 
mihI railroad or canal commissioners, whose duty if is to 
examine into the op rations of ;ill railroad and canal 
panies bo far as the business of these companies comes 
within the jurisdiction of the State. 

There are other officers, commissioners, boards, bun 
reated to meet the varying wants and into n Bts <>f the 
different States. All officials whose duties are adminis- 
trative make annual reports to the State legislature of the 
condition of the public interests committed toth< 
These reports are published by the Legislature as public 
documents for general distribution. 

<>s. The Supreme Law of the State.— The BUpreme 
law of a State is its constitution. The people of a 8 
have the righl to frame a new constitution at their pleas- 
ure. Several States have had two Or more constitutions. 

Prom time to time public opinion changes, and laws and 

constitutions reileet these changes. The tendency of Am. r- 
iean thought in the pasl century has been toward greater 
liberality in opinion, politically, industrially, socially and 
morally. 'Flic old "blue law-" of Connecticut would not 
be tolerated now. The greatest changes in the State con- 
stitutions and laws have been made in the recognition of 
political and civil rights. 
The rights secured by the constitution and laws of the 



58 CIVIL GOVERNMENT. 

State are — personal security, personal liberty, private 
property, protection of public property, freedom of wor- 
ship, freedom of speech and of the press, trial by jury, 
public meeting, the writ of habeas corpus, the obligation 
of contracts, the exemption of the citizen from unreason- 
able searches and seizures of his person or of his effects, 
and from cruel and unusual punishments ; and the su- 
premacy of civil over martial law. {See TJ 63, page 84.) 

99. State Institutions. — For the welfare of its people 
the State maintains various public institutions. For the 
support of asylums, penitentiaries, reformatories, prisons, 
scientific institutions, schools, colleges and universities the 
State makes grants of land or appropriations of money. 
Appropriations for these and for other purposes compel 
the levying of a tax upon the people of the State. 

100. Taxation. — The right of the State to tax property 
within its limits is a sovereign right necessary to the 
existence of the State. Taxation is just, necessary and 
advantageous both for the State and for the individual. 
A tax is a contribution imposed on citizens and on corpo- 
rations for the service of the State. This service consists 
in the maintenance of the State government for the pro- 
tection of the industrial, political, social and moral rights 
of the people. A single individual alone could not 
protect his rights, but by association in government all 
individuals are protected. The tax paid by the individ- 
ual is not sufficient of itself to obtain for him all the 
rights to which he is entitled ; it would not educate his 
children, nor pay a person to protect his property, nor 
maintain good roads. When every individual is taxed, 
and the State thus obtains a large sum of money, the 
means is provided for the protection of all the rights of 
each individual. That which could not be accomplished 
by the individual alone is easily accomplished by the 
association of individuals in government and by a system 
of public taxation. 



////. 81 i TB \M> 1 1" TKRRITOBY 

101. Income of the State.— 'I'Ik in- <'in« "f ti - 
derived from taxes, fines, penalties, lio 
of administrative officers, land sales, interest on 
profits on industry i '1 in by the State, the sale of 

franchises to corporations, from the i 
dying without heirs, irhose property by Ian 
property of the State, and from rariotu otto r - 

LOS. Title to Land in the State. —When th< \ 
Lean colonies became States, i ach State b< came I 
of all Land titles within Its own jurisdiction. It" the title 
to the land is vested in any private person, he holds it 
subject to the perpetual claim of the State 6 m the 

property. 

L03. Boundartes of the State. -The bound 
the original thirteen Stato determined by i 

charters and by actual settlement The king and his 
advisers were totally ignorant of thi Amer- 

ica, and the charten bred hopeless confusion in colonial 
boundaries which Led to disputes bet? >• of the 

state.-.* Every State boundary hai ccuratel; 

veyed. Some State Lines have become hb - the 

southern boundary of Pennsylvania known - M - >n and 
Dixon's Line, after the names of the two surveyors who in 
1766 marked off the Line as decided by the Engl 
of Trade. They placed the arms of Pennsylvania on the 
north face of the boundary-stones, and on the south bee 
the arms of Lord Baltimore. The boundary «>w< - its fame 
to the tact thai it became the boundary between two in- 
dustrial sections of the country. The Supreme Court of 
(he United States alone has the authority to settle disputes 
as to the boundaries ^\ a State. 

104. Regularity of Western States.— When a new 

1 Vim'* deed from King Charles specifies " \ tract of land in America 
lying north of Maryland, on the oast bounded by the Delaware River, 
on the west limited a^ Maryland is, and northward to extend a> far as 
plantable." 



60 CIVIL GOVERNMENT. 

State is admitted into the Union, Congress fixes its area 
and boundaries. The States formed by Congress out of 
the public domain, and their county divisions, are quite 
regular in contour. The difference between the contour 
and the county divisions of the old States and those of 
the new States shows how a strong national government 
can determine the shape and dimension of States.* 

The Territory. 
105. Government in a Territory. — Government in a 
Territory is tripartite. The governor, the judges, the sec- 
retary of the Territory, the marshal and the attorney for 
the Territory are appointed by the President, with the con- 
sent of the Senate, for a term of four years. The Terri- 
torial legislature consists of two houses, the Council and 
the House of Representatives, elected by the qualified 
electors in the several districts into which the Territory is 
divided. The legislature is empowered, by act of Congress, 
to make laws for the government of the Territory, and these 
laws, having been approved by Congress, prevail in the Ter- 
ritory. All township, district and county officers are either 
elected or appointed, according to the provisions of Terri- 
torial law. The electors in a Territory do not vote for 
Presidential Electors. Every Territory is entitled to send 
a delegate to the House of Representatives of the United 
States, to serve during the term of Congress to which he is 
elected. He is chosen by the qualified voters in the Ter- 
ritory. A delegate's function is to inform Congress of the 
condition and wants of the Territory which he represents. 
The delegate has the right of debating, but not of voting, 
in Congress. Each Territory is divided into three judicial 
districts, and has a supreme court and three district courts. 
There are also justices' courts. The marshal of the Terri- 



* Compare a map of Virginia with a map of Kansas. Notice the 
irregular contour of the former State and of its counties and townships 
compared with the latter. 



THE STATE AND THE TEBBITi 81 

tory executes all pro of the Territorial courts 

performs, in general, the duti< sheriff in 

Tl 1( . attorney foi the Territory performs duties similar to 

of an attorney-gem ral o 
officers appointed by the President are paid salaries ou( of 
the treasury of the United S ' anally 

appropriates an amount for the exr* 
legislature which is the limit of legislative exp n- a in thai 

Territory. 

L06. How a Territory becomes a State. — When the 
people of a Territory desire admission into th<- I 
gtate, they elect delegates to a Territorial constitutional 
convention, which frames State constitution and 
1, lit- it for approval to the electors of the T< rritoi 
proved, this constitution, with the petition of th< I 
toriaJ legislature asking admission 
by the Territorial delegate tothe Committee on Territories 
in Congr< 38. The committee, if favorable to the adm 
of the Territory, presents a bill which, it' passed, becomes 
the enabling act permitting the admission oftheT< rritory. 
Sometimes the people of the Territory do aot firs 
stitution until Congress has passed tin- enabling cl In 
either ease Congress must approve of the constitution, 
define the boundaries and determine the nam.' of the 
new State. The new State organises it- civil government 
under its constitution, and its admission into the Union is 
formally proclaimed by the President of the United - 

l<>7. Definition of Government.— II a vin- traced I 
eminent from rude beginnings among savage tril 
some of its highest results among civilized people, we are 
now ready for a statement of its meaning. G 
the direction and control of human 
upon human rights. 

Note,— The government of the city, the county, the township, town 
or parish varies in the different States, and it is loft to the teacher in 

anv locality to explain the natuiv and duties of local officers, whether 



62 CIVIL GOVERNMENT. 

elected or appointed, etc. Each community has officers whose duties 
are executive, judicial, legislative or administrative in character. The 
study of these duties, and of the variations and peculiarities in the forms 
of local government, will prove interesting and profitable for the class. 
Local government can be studied best at first hands. In the township, 
town or parish a visit to the nearest justice, and in the county a trip to 
the county-seat, will secure any needed information. The local news- 
paper, local customs and usages, anecdotes and traditions, can be used 
to advantage in making the study of local government interesting. In 
large cities a manual of the city government is generally published by 
the city authorities, and any needed information in regard to the gov- 
ernment of small cities can be obtained from any of its officers. (See 
Questions page 216.) 

The terms township and town have a varying significance in the United 
States. In the States in which the system of government surveys has 
been followed the congressional township is simply a tract of land six 
miles square. It has no governmental organization, and, politically, 
has no connection with the county. In the Middle States a township is 
a political division of the county, and is the unit of government. A 
town in the Middle States is a large village, a borough or a small city. 
In New England there is no township division of counties ; the town is 
the unit of government, and the county is made up of towns. The term 
parish, used in some of the Southern States, has the significance of the 
town in New England and of the township in the Middle States. In 
Louisiana the county is known as the parish. (See page 24, f 41-) 




Part III 



■■>:*:< ■ 



THE NATION. 

The Nation is formed as a power on the earth. If 
U invested with power of God; its authorU 
veyed through no intermediate hands, but 
of God. If is clothed with His mqft tty on / 
// U ordained of God to do Hi* terviee. M 

You iri!l have to look back upon a century of 
national advancement without a parallel in hisi 
and to look forward to Us probable conUnuana upon 
(i still larger scale, with an accumulation of 
duties and responsibilities proportioned to an i 
growing power. Olawtone. 

To the efficiency and permanency of your Uni 

government for the whole is indispensable 

This government, the offspring of your own choice, 
uninfluenced and unawed, adopted ujwn full in- 
vestigation and mature deliberation, completely free 
in its principles, in the distribution of iU 
uniting security with energy, and containing with- 
in itself the provisions for its own amendment, has 
a just claim to your confidence and your support. 
Respect for its authority, compliance with its lairs. 
acquiescence in its measures, arc duties enjoined by 
the fundamental maxims of true liberty— Waotto- 

63 



CHAPTER VI I. 

THE LAW-MAKERS AND THE LAWS. 

108. Sources of Our Laws. — When the authority of 
the king of England was overthrown in America, the peo- 
ple became the source of law, and they have delegated 
this power to the State legislatures and to Congress. In 
order to make plain the powers thus delegated, the State 
constitutions and the Constitution of the United States 
declare what law-making powers exist in the State and in 
the national legislature. The Constitution thus becomes 
the guide in all law-making. 

The councils of a city make the laws for the city. The 
State legislature makes the laws for the State. The Con- 
gress of the United States makes the laws for the nation. 
Its laws are called acts. An act or law of Congress, if in 
conformity with the Constitution of the United States, 
becomes one of the supreme laws of the land until it is 
repealed by Congress or expires by limitation of time. 

But our laws really are made by the people, because the 
law-makers are the representatives of the people.* 



* Local-Option and Prohibition Laws. — The evils of intemper- 
ance have led to organized efforts in various States to control the manu- 
facture and sale of intoxicating liquors. The legislatures of some of 
the States have passed laws restricting or prohibiting the manufacture 
and sale of alcoholic liquors. These laws have been sustained by the 
Supreme Court of the United States as constitutional and within the 
power of a State legislature. In other States the legislatures have 
enacted laws by which the restriction or prohibition of the sale of 
liquor is left to the vote of the electors in each county, town or township. 
The sale of liquor is thus determined by the option of the locality voting, 
and such localities are said to exercise " local option." Efforts have 
«4 



THE LA W-MAKBB8 I W THE I I W& 

L09. The Congress. — When our national Constitution 
iraa under discussion in 1787 two political parti* 
tin- Convention: one party vrished to base the Constitution 
upon tin' States; the other vrished to base it upon 1 1 1 • - 
people. By a peaceful compromise both m<tl.«.<i- iren 
followed in the organization of our national l< 
The ( kmgresa has two hous< 
the States ; the other, tin- House of Repn -• ntati\ 
sente the people the t w < > comprise tin- national 1' . 
lure The two branches of the legislature must act 
in making ;i law. 

M(). The House of Representatives. Once in two 
the electors in each State choose memh re <>t' tin- 
House of Representatives. A.ny \<< reon \\ 1 j « ■ by 1 1 1 * - law "t" 
the State is qualified to vote for a member of the lower 
house in tli«' State legislature may vote for a I.' itative 

in Congress. The election of Congressmen throughout 
the Union, with f< \\ exc< ptions, ia held on the Tu< 
after the firel Monday of Novemlw r. 

III. Qualifications of a Representative. A Repre- 
sentative mual be twenty-five yeara of age, a citizen of the 
United States seven year- and an inhabitant «•!' the 
in which lie is elected. National citizenship i- of more 
importance than State citizenship in the qualifications of 
a Representative: hr may not have resided in the Stat.- 
long enough to L r ain a Stat<> residence, but be may be 
qualified ;is a citizen of \}w United States to become a 
member o\' the House of Representath 



been made to amend the Federal Constitution and the constitutions of 
several of the States by adding a clause f.>H>iddinL r the manafactu 
or importation of alcoholic liquors. 

Paragraphs 110-221, inclusive, present i study of the Constitution 
of the United Statos in its three departments, legislative, executive 
and judicial. In addition to the explanation of the text of the Consti- 
tution, the working of the national government i- illustrated ami ox- 
plained. 

5 



66 CIVIL GOVERNMENT. 

112. Number of Representatives. — The membership 
of the House is fixed by act of Congress. Originally there 
was one Representative for every 33,000 inhabitants. Pop- 
ulation has increased so rapidly that had this apportion- 
ment continued the present membership of the House 
of Representatives would be over eighteen hundred. To 
avoid so great a number, Congress every ten years reap- 
portions the representation. From 1893 till 1903 the 
membership is one Representative for every 173,901 in- 
habitants, and Congress apportions its present number, 
356 members, among the States. The legislature of each 
State divides the State into as many congressional dis- 
tricts as it has Representatives in Congress* 

113. Vacancies in the House. — When a vacancy occurs 
in the representation of any State the governor of that 
State calls a new election, and the people choose a person 
to fill the vacancy. 

114. Officers of the House of Representatives. — The 
House chooses its own officers, consisting of a speaker — 
who is a member of the House — and a clerk, a sergeant-at- 
arms, a doorkeeper, a postmaster and a chaplain, who are 
not members of the House. 

The Speaker is the principal officer of the House. He 
is chosen by his fellow-members, and usually by the mem- 
bers of his own party only. He is the third officer in the 
Government in rank, and as he represents the people and 
names all the committees of the House, thus shaping leg- 
islation, he is next to the President in power. When the 
Speaker is about to be elected, the clerk of the last House 
presides until the election has been made. Members of 
the House draw lots for their seats, but members of the 
same political party sit on the same side of the hall. 

The clerk keeps all the business of the House in order, 
but has nothing to do with the making of the laws. 

* See Table, p. 211, 



THE LA W-M \KBB8 AND THE I I WE 

The sergeant-at-arms is the police officer of th< I! 
;lll( | aeee that good order is observe <l. Dunn- tin- .-< -i-.n. 
behind his Beat, standi the symbol of the power of the 
House of R slender bundle of ebony 

i M(U11( | a bou( and tied with silver bandi 
rtiok ends in a spear-head, and in the midst of the bundle 

ihort column surmount -I b 
globe upon which stands a sil 

This -viui. ni of power is known as th< 
• _ U pon a marble standard when th< Houa is 
Bion, and is taken down when tl : 

of disorder in the House, or disturbance among the m< m- 
bers, the serge int-at-arms takes down th< 
toward the place of disorder. k\ Bight of the m 
Representative becomes orderly. He knows thai this 
ancient symbol, used for centuries in tin R 
is the symbol of tin' power of the people of the I oited 
Btat( 

The doorkeeper has charge of the room of the House 
of Representatives. 

Each daily session of the House is opened with prayer 
by tlw chaplain. 

i i 5. Oath of Office. — As soon as the Speaker is i l< 
he is escorted to the Speaker's chair by the member of the 
House who lias served the greatest number of terms- called 
on that account " the father of the House" -who adminis- 
ters the oath of office to the oew Speaker. The Speaker 
then administers the oath to the new members, who come 
up before him by states for that purpose. The oath is a 
solemn promise to support the Constitution and the laws 
of the United States and to perform the duties of office 
faithfully, with the help of God. The oath is taken by 
every member at the beginning o( the session. The 
House is now ready for business, and the Speaker an- 
nounces the committees he has chosen. The leading 
committees are— Wavs and Means. Banking and Currency, 



68 CIVIL GOVERNMENT. 

Appropriations, Commerce, Rivers and Harbors, Foreign 
Affairs, Railways and Canals, Manufactures, Education, 
Labor, Patents, Pensions, Claims, Expenditures in the 
Various Departments, Enrolled Bills, Agriculture and 
Elections. 

110. The Senate. — The Senate of the United States is 
composed of two Senators from each State, chosen by its 
legislature for the term of six years. Each Senator has 
one vote. Several instances are on record of a Senator 
serving for four consecutive terms. 

117. Qualifications of a Senator. — A Senator must be 
thirty years of age, a citizen of the United States for nine 
years, and an inhabitant of the State for which he is 
chosen. 

118. Vacancies in the Senate. — If a vacancy occurs 
in the Senate during a recess of the State legislature, the 
governor of the State appoints a person to act as Senator 
until the legislature meets and fills the vacancy. 

119. Officers of the Senate. — The officers of the Sen- 
ate are the President, the secretary, the sergeant-at-arms, 
the chaplain, the postmaster, the librarian, and the door- 
keeper. None of these are members of the Senate. 

The Vice-President of the United States, elected by the 
people, is the President of the Senate, but he has no vote 
unless the Senate is equally divided. The other officers 
are chosen by the Senate, and their duties are similar to 
the duties of corresponding officers in the House of Rep- 
resentatives. 

120. Oath of Office.— The Vice-President of the United 
States, when inaugurated, takes the oath of office, and 
when lie meets with the Senate on the first day of the ses- 
sion lie administers the oath to the new Senators, who 
swear to support the Constitution and the laws of the 
United States. 

121. The President pro tempore. — As the Vice-Pres- 
ident may become President of the United States, and as 



//// LAW-MAKERS AND rm LA WB 

he may Bometimi from th( 9 i it 

might happen thai the Senate would have ik- pn 
officer. To avoid this difficulty the Senate, find 

day of the session or at such time as it pl< 
<»r it- own body, a pn sid< m p i . w ho | 

irhen the Vice-President is ab 

i •_"-'. The Committees). Th< committees ot tl 
are not appointed by the Vi< i nt, but I 

committee From the Senate it-- It'. Tl 
change but little from year to year, and tin the 

majority party long< si on a commit 
chairman. The leading committee? of the 9 
Commerce, Finance, Foreign Relations, [ntei s >m- 

merce, Judiciary, Executive Departments R h cU Em- 
migration, Pensions, Public I and Mi lit 
Naval affaire. 

183. The Rules. — Each house makes Its own ru 
the judge of the elections, returns and qualifi* 
own members, and a majority of each hoi 
quorum to transact business. Then an also joint i 
,1 to by '"-tli houses for mutual com 

L24. The Journal. Each house keeps s journal of its 
proceedings, and publishes it from time to time, i \< •• pt 
Buch parts as In its judgment require 

L25. The Session. — Each Congress continues two ] 
and has two sessions. The first & Bsion, usually called I 
"long Bession," begins on the first Monday in December 
in the odd years, and continues until adjourned by i 
iA' the two houses. The second session, usually called 
the "short Bession," begins on the first Monday in De- 
cember o\' tbe even years, and continues until noon of 
March 1th following. Neither house during the w sf 
o( Congress can, without the consent of the other, adjourn 
for more than three days nor to any other place than thai 
in which the two houses are sitting. The sessions of Con- 
gress, except the executive sessions of the Senate, are open 



70 CIVIL GOVERNMENT. 

to the public. Each house convenes at twelve o'clock 
noon, and the daily session usually continues from four 
to six hours. The flag of the United States is always 
displayed on the Capitol building when Congress is in 
session.* 

126. Impeachment. — The House of Representatives has 
the sole power to institute impeachments, and the Senate 
lias the sole power to try impeachments. If the House 
believes that an officer of the Federal Government should 
be impeached, it appoints a committee called the " man- 
aging committee," which presents the articles of impeach- 
ment before the Senate. In case of an impeachment the 
Senate sits as a court and its members are on oath or 
affirmation. If the President of the United States is on 
trial, the chief-justice of the Supreme Court of the United 
States presides in the Senate. In all other cases the Vice- 
President or President pro tempore presides. It would not 
be safe to allow the Vice-President of the United States to 
preside in the trial of the President, because he might be 
anxious to succeed to the Presidency, and therefore might 
decide contrary to the evidence presented by the House of 
Representatives. By constituting the chief-justice of the 
United States the presiding officer this temptation is re- 
moved. 

The first case of impeachment before the Senate, that 
of Senator William Blount in 1799, determined that only 
" civil officers " under the Constitution can be impeached, 
and that a United States Senator is not a civil officer. The 
cases that have come before the Senate since that time 
are— 1803, Judge John Pickering of the District Court of 
the United States, who became insane, was tried and ac- 
quitted ; 1804, Judge Samuel Chase of the Supreme Court 

* The first session of the Fiftieth Congress began Monday, Dec. 5, 
1887, and adjourned Oct. 20, 1888, being the longest session in our his- 
tory. The second session began Monday, Dec. 3, 1888, and adjourned 
March 4, 1889. 



77//: /..! W-MAKER& AND THE I I II 71 

of the United States, acquitted ; 1830, Jud 
Peck of the Federal District Court, acquitted ; 18 
\\ ll. Humphries of the Federal District < burt, com 
and disqualified from holding any offia of li<»n..r. ti 
profit under the United States, b< Ity of 

President Andrew Johnson, acquitt 
1876, Secretary of SVar W. \\". Belknap, I. A 

person impeached und< r the < onstitution, and 
is liable also to indictment, trial, judgment and punish- 
ment according to law. Each house, with t! 
<»t* two-thirds of it- m< mix rs, maj i cpd ;i an 
other* ise punish him fbi ch of it- rul< 

il'T. Compensation of Congressmen.- S 
Representativee are paid 15000 pei annum out of the 
i ury of the United States. In addition to his salary 
each Congressman is allowed - 

stationery and newspapers; and mileage, which is an allow- 
ance of twenty cents s milt see in 
going to and returning from s session 

The reason for paying meml from the 

national treasury is to make them independent ot 
influences, to enable them freely to considi r the int 
of the nation and not of their constituencies alone, and to 
enable men of limited means to become members of the 
national legislature. If there were no salary, Coi 
might become a body of wealthy men only, who might 
ignore the wants of their poorer fellow-citi 

I 88. Peculiar Rights of Con national 

law-makers arc amenable to the laws of the country, but 
except for treason, felony, or breach of th< they 

are privileged from arrest while attending - - >n of 
Congress and in going to or returning from a session. 

For any speech or debate in either house a Conj 

* A felony is a crime formerly punishable by death <>r imprisonment. 

A breach of the peace is a violation of public order amounti 
misdemeanor, ami is punishable by fine or Imprisonment. 



72 CIVIL GOVERNMENT. 

man cannot be questioned in any other place ; he has full 
liberty of speech, subject to the rules of the house to which 
he belongs. If Congressmen were not peculiarly protected 
in this way, they might be detained on false pretences from 
attending the session of Congress, and if not free to speak 
and debate in Congress their action would be restricted ; 
outside influences would control the business of Congress, 
and law-making would become forced legislation. 

L139. Cannot Hold Two Offices. — While a member of 
Congress no Senator or Representative can hold any civil 
office under the Government of the United States, nor can 
any person holding any civil office under the United States 
become a member of either house at the same time. A 
member of Congress may be a State officer, unless the 
constitution of the State forbids ; but a member of the 
President's Cabinet cannot while a Cabinet officer become 
a Senator or a Representative. This is unlike the provis- 
ion prevailing in the British Government, which allows a 
Cabinet minister to be a member of Parliament. Nor can 
a member of Congress during his term of service hold an 
office that he has helped to create, otherwise members 
might be tempted to make remunerative offices for their 
own benefit. Another restriction on members of the 
national and of the State legislatures is against bribery : 
members found guilty of receiving bribes for political ser- 
vices are subject to impeachment and subsequent punish- 
ment. A member of Congress cannot accept payment 
from a citizen for any service except for legal services, and 
for some legal services, such as obtaining a pension, the 
law provides that he shall receive no pay. He is a public 
servant. But Congressmen have many pressing public 
duties, and should not be troubled by applications and 
personal matters of a trifling nature* 

* The Lobby. — Persons interested in obtaining the enactment of 
laws for their own benefit often frequent legislative halls for the pur- 
pose of influencing the votes of legislators. Such influence may some- 



77//: /. nr MAKERS i w THE t iWS 

L80. Titles. memh r of I 

Honorable," and if the addn m- i. the bo 

to which he belongs is Indicated . as, Hon. J. I-:. Reyburn, 
M < M ■ mix i of the II 

Hon. John Sherman, Q. 8. 8 * Mi mbei of th< - 
of the Unit 'I Btal 

i:;i. Revenue Bills. All bills foi rail 
must originate in the Houae of ft pn » utativi -. but the 
Senate may propose or concur frith amendn on 

other bills. A bill for rail bill for i 

taxes . the Senate may originate a bill •rhich i 
expenditure of money, bul tin ttoua • 
quired by thai particular bilL 

132, How the Laws are Made.— Tin- 
3S are made in a uniform manner. It a bill la intro- 
duced by a member of the House ol !:■ pn w atal 
the Speaker a* once refers it to the prop* r commit* 
The member gives the bill to the clerk 1 1 arho 

hands it to the clerk of the commits commit! 

has a room for consultation, and th< re, at the commit* 
pleasure, the bill is taken into consideration; if the com- 
mittee delay too long in considering it. the member mi 
inquiry about his bill. It" the committee are favorabl 
the bill, they report their decision to th< House. Each 
committee has a day on which to report, and the report 
of the committee for the day tak< - pn 1 1 dence over other 
business, unless some particular business is made the order 

times be legitimate, bill usually it m pernicious "Lobbying" ii the 
name given to such influence by iray of reproach. Lobbying maj be- 
oome the bribery or the intimidation of legislators, and defeat the rety 
end of good government -the free expression of the will and the wel- 
fare of the people. 

* Any citiien of ih«> United States may originate a hill and send it 
to a member of Congress, who introduces it or places it befon 
for its artion. Many of the laws made by Cbngreai have their origin 
in hills presented by request or petition of private c i t ia en a. This Bhows 
how closely the Government represents the immediate will o\ the indole. 



74 CIVIL GOVERNMENT. 

for the day by vote of the House. When the report of 
the committee is received, the clerk takes the bill as the 
committee report it, and has it printed for distribution 
among the members. The bill is read three times by the 
clerk on three separate days ; the House may order the 
three readings to be all on one day, but if a single mem- 
ber objects it must be read on three separate days. After 
the second reading it is debated and amendments may be 
made. The clerk then engrosses the bill, and reads it a 
third time to the House, when it is voted upon as an en- 
tire bill — that is, as it has been amended — and if it re- 
ceives a majority of votes of all the members, it is passed. 
The bill is then taken by the clerk to the Senate, to which 
body the clerk in a formal manner announces that the bill 
has been passed by the House and that the concurrence 
of the Senate is desired. 

The President of the Senate refers the bill to the com- 
mittee of the Senate having such bills in charge, hy 
whom it is duly considered and reported to the Senate. 
The secretary of the Senate reads the bill twice on differ- 
ent days. After the second reading it is debated. s The 
Senate may amend by adding to or by taking from the 
bill as it came from the House. After the amendments 
are made and additions to the bill are engrossed, the bill 
is again read, and, if agreed to, is passed by the Senate. 
The secretary of the Senate brings the bill to the House, 
by which the Senate amendments are debated, and if the 
amendments are agreed to the. bill is passed. In both 
houses, on the final passage of a bill, the vote must be 
taken by yeas and nays, and the names of the members 
and the way they voted must be entered on the journal of 
each house respectively. When the House has adopted 
the amendments as made by the Senate, the clerk of the 
House so informs the Senate, and the committee of the 
House known as the Committee on Enrolled Bills causes 
the bill to be accurately written in large script on parch- 



Till LA W MAI D TEE LA H 

,,,,.,,1. The Speak* r of the Souse rigi nrolled Mil. 

j, iid informs the Represent I bis official action. 

in the clerk of the Hou* orolled 

and partially sign* d bill to the B to 

thai body thai the Sp< aker of the Ho 
the bill. The President of th< - bill, 

Btating the fad to the Senate. The bill is then n tui 
the I louse, where it got - to the < bmmitl 
Bills, win. present it to the Pru Bident of th< I 
for hia signature, [f he approves of the bill, - it. 

and senda his private Becretary to th< ll 
the fact. The President ol the Uniti d 3 the bill 

and in person gives it to the Seen tary ol 31 
causes it to be deposited among the archives of I 
Department of State, first having an or 

copies made of the bill by the public pi bill 

hag at Last become a law. Lfthe bill originate b in t 
ate, ,l " 8< nate takes the initiative in • 
tory of the bill, and the Pn aident, having Bigned it. n porta 
that fact to the Senate instead of to the II All that 

now remains is for the President to Bee that the law ia 
faithfully executed. 

[f the President of the United SI 
of the bill, he returns' it to the house in which it i 
mated, with a message Betting forth bia objectiona to the 
bill and his reasons for aot Bigning it. It' any bill ia 
returned by the President within ten days (Sundaya ex- 
cepted | after it has been presented to him, the bill 
a law withoul hia signature, unless Congress by adjourn- 
ment prevent its return. It' he return- the bill unsigned, 
he is said to veto the bill, but if two-thirds of each 1, 
re-pass the bill over the peto, it becomes a law without the 

President's signature. Congress then 8< nds the law to the 
Department of State, and the President is bound by hia 
oath of office to see that the new law is "faithfully i 

cuted." 



76 CIVIL GOVERNMENT. 

State legislatures and city councils make their laws 
mainly in the same manner as Congress. The veto power 
of the governor of a State and of the mayor of a city is 
similar to that of the President of the United States, and 
the action of the State legislature and the city council on 
a vetoed bill is similar to that of Congress. 

In the making of a law all the purposes of our political 
machinery are made plain. The convention, the cam- 
paign, the election, the induction into office, the oath, the 
division into political parties, the divisions of the powers 
of government, the exercise of political rights, are merely 
for the purpose of making a law. It follows, therefore, 
that the laws of a people are a complete expression of 
their civil government. 

133. Government by Committees. — The government 
by Congress is government by committees of the two 
houses. These committees determine the form and much 
of the character of all our laws. The debates are a dis- 
cussion of the reports of the various committees. A com- 
mittee may send for persons and papers ; it hears evi- 
dence ; listens to pleadings from the advocates and the 
opponents of measures before it; and its report usually 
decides the fete of the measure. In the business of legis- 
lation, both in Congress and in the States, the committees 
are the principal factor. By possessing the power to ap- 
point the committees, the Speaker of the House becomes, 
in many respects, the most influential citizen of the 
Republic. 



CH A PTE R VIII. 

WHAT CONGKKSS MAY DO. 

184. Powers Granted to Congress.- The po 
granted to Congn u by the people have always bet a 
matter of dispute between political parties in this coun- 
try, One party has favored State rather than congi 
Bional legislation, limiting Congress to matters which 
Btrictly of general or national cono rn. Anoth< r party 
advocated the transfer to Congress of legislation which 
might be done by the States, thus favoring congressional 
rather than State legislation. The subjects of i 
sional legislation are Btated in the Constitution. 

1 35. Taxes.— Congress has power to lay and colled 
taxes, duties, imposts and excises in order to pay 
debts of the United States and to provide for the common 
defence and the general welfare of the country, bu1 all 
duties, imposts and excises must be uniform throughout 
the land. The essential weakness of the old Confedera- 
tion was the inability of Congress to Levy tax.-, for any 
purpose whatever. The right to tax is a Bupreme right 
which carries with it sovereign power. The Constitution 
allows Congress to tax in several ways: by a direct tax 
upon the people, just as a State levies a State tax ; by an 
indirect tax upon the people by the levying and collecting 
of customs or duties on imports: and by * taxes 

upon homo manufactures. 

The revenue o\' the United States at present is derived 
almost entirely from the duties on imports and from the 
internal revenue, the latter arising from the taxation on 

77 



78 CIVIL GOVERNMENT. 

banks and on the manufacture and sale of alcoholic 
liquors and tobacco. 

130. Public Credit. — Congress may borrow money on 
the credit of the United States. If a sudden necessity for 
money should arise, taxation would bring the required 
money into the treasury but slowly, and the country 
might be endangered by delay. To avoid this danger, 
Congress is empowered to pledge the faith of the people 
and to borrow money at home or abroad. The national 
debt is a claim against the United States by those persons 
who have loaned money to the Government. The credit 
of the United States is so good that the evidences of this 
debt, called Government bonds, are worth more than their 
face and are much sought for as an investment. 

137. Commerce. — Congress has the exclusive right to 
regulate commerce with foreign nations, among the several 
States and with the Indian tribes. No State can refuse to 
admit the products of another State or levy duties on 
them. Trade between the people of the United States 
must be absolutely free. 

138. Naturalization. — An alien or foreigner who be- 
comes a citizen of the United States is a naturalized 
citizen, and acquires all the rights and privileges of a 
native-born citizen excepting eligibility to the Presidency. 
Congress alone has the power to pass kvws regulating the 
naturalization of foreigners. A foreigner may become a 
citizen of the United States, as follows : 

1. He must make application for citizenship by declar- 
ing his intention to become a citizen of the United States. 

2. He must make oath or affirmation that this is his 
intention, and that he voluntarily renounces all allegiance 
to the government of which he had heretofore been a citi- 
zen. A person cannot be a citizen of two governments at 
the same time. 

3. He must make application for citizenship at least two 
years before he can receive his final naturalization papers. 



WHAT 00N0RB88 U I Y DO 

i He must prove before the court thai he I '1 in 

tbie country five y< 

5, Any alien of g I moral chai i of 

twenty-one years and upward, wh ved in tin 

of the United States and who hai been honorably d 
charged therefrom, may b< come a citin n on on, 

without any previous declaration of inn Qtibn, pi 
that he has resided in the Uniti 3 for at l< 

year previous to his application. 

The children of American citizens born abroad are 
American citizens ; childn d of foreigi ling in I 

country and born here may elect their all< 

189. Bankruptcy. Cot\\:v ^ ha- |..,\mt !-' |>a>s a law 

by which insolvent debtors may Bettle their affaire. Tl 
sudi laws have been passed b) I ongn sa tin first in I 9 
which was repealed in 1803; the second in 1841, n p aled 
i,, 1843; and the third in 1867, repealed in 1878. Many 
of the States have passed bankrupt laws of their own, but 
a uniform method of settling the affairs of insolvi nt debt- 
ors is preferable to a different method foi 

i to. Money. — Congress alone has the authority t<» • •,,in 
money, to regulate it- value and the value of fon ign coin, 
to fix the standard of weights and m and to | 

vide for the punishment of counterfeiting the coin and the 
securities of the United Stat.-. 

* There are more than fifteen million foreigners in 1 1 1 « - United P 
ami the number is constantly increasing. This foreign population 
tains elements of weakness as well as of strength for the nation : i 
cent yean the immigration has been to i largi rable 

olass of foreigners, who do n.>t understand, and who are not in sympathy 
with, the Government of the people of tin- United Btatea Many thought- 
ful persona have concluded thai while all industrious, Boand-minded 
and physically healthy people from foreign lands, who are intelli 
enough to appreciate the privileges of American citiseoship, are wd- 
oome to our shores, yet it is about time to discriminate between the 
moral and the virion-, the sound and the unsound, who in c ons ta n tly- 
increasing numbers art seeking home- in this country. 



80 CIVIL GOVERNMENT. 

Counterfeiting the coin of the United States is a felony. 
Congress in 1864 passed a law against counterfeiting the 
coin and securities of the United States, and fixed the pen- 
alty at a maximum fine of five thousand dollars and im- 
prisonment for not more than ten years. The laws against 
counterfeiting also protect foreign coin and securities. 

141. Weights and Measures. — To aid in fixing the value 
or price of articles of merchandise it is necessary to have a 
standard of weights and measures. In Guildhall, the an- 
cient city-hall of London, may be seen several brass strips 
set in the floor. These strips are the standard lengths for 
England of the foot, the yard, the fathom and the rod. In 
the same hall may be found standard weights and meas- 
ures of volumes. In 1827 the United States Government 
obtained accurate copies of the English standards, and 
adopted them as the standards for this country. In 1866 
the metric system was made permissive by act of Con- 
gress, but it is practically limited in its use to scientific 
men, and has never become popular. 

142. The Mails. — The mails represent vast interests, 
and require direction and control by a single authority. 
This authority is vested in Congress. Our common ex- 
pression, " the United States mail," recognizes this author- 
ity. Congress authorizes the creation of mail-routes and 
opens post-roads, a term that a century ago, before the 
introduction of railroads, signified much more than at 
present. The post-road has disappeared with the post-boy, 
and most mail matter is now carried in mail-trains. 

143. Science and Art. — Congress appropriates large 
sums of money to promote the progress of science and 
to undertake costly enterprises for the benefit of the 
people. It has equipped numerous exploring expedi- 
tions for the purpose of ascertaining the best commercial 
routes over the ocean ; expeditions to observe transits of 
the planets and eclipses of the sun ; commissions to study 
the methods of increasing and preserving natural foods. 



WHAT i 0NGBE88 \tA t DO 

mch u ,(,, ,, tier in our baye and the fob along oar 
i, and in our lakes and tvn re. The fish commission, 
the life-eaving service, the lighthou8eaenrice,th< I on 

of steam- and of Bailing-V( m Is, th • nfbrct aw nt of qu 

antine regulations, and the organiiati f commise 

investigate questions of grave public into n it, such 
cauae ,,,,.1 the control of pestili net - and epidem 
illustrations of the measures taken bj I to prom 

the progress ofscit nc< ■ The principal scientific institution 
supported by Congress is the Smithsonian [nstitutl 

To promote the pi of science and of 

thors and invento limited time have tl 

right to their writings and di* 
pass laws for their protection, which are known as the ! 
of copyrighl and of patents. 

i i i. Copyrights.— An author may copyright a i 
map, engraving, photograph, chart or musical comp 
tion, and thereby obtain the exclu ' to print, pub- 

lish and Bell Buch a production for twenty-eight y< 
with the privilege of renewing the right for fourth 
longer, or forty-two years in all. Copyrights - '1 

through tl..' librarian of Congn 98, Washington 1 1 I 

i i.->. Patents.- Patents are issued for four 
inventions arts, machines, manufactures and comj 
tions of matter. The patent gives the inventor the exclu- 
eive right of making and Belling his invention for the 
period of seventeen years, at the expiration of which time 
the patent may be renewed by any improvement in the 

" *The Smithsonian Institution at Washington, I» I 
l,v ad of Congress in 1846, in accordance with the will of James Smith- 
ton, an Englishman who beqneathed half a million dollars to the I nited 
States " to be devoted to the increase and diffusion of knowle 
men ." The institution is controlled by the Federal Government, and 
possesses ■ Bpacious building with museums, libraries, lecture-rooms and 
laboratories. It publishes valuable works in various departments 
science, and distributes scientific eoUections all over the world, It 
takes the Lead in scientific work in the United a 
6 



82 CIVIL GOVERNMENT. 

invention. Since 1790 more than three hundred thousand 
patents have been issued by the Patent Office, and the 
number now granted yearly is about twenty thousand. 
Applications for patents are made to the Commissioner of 
Patents, Washington, D. C. 

146. International Copyright. — The authors of Eng- 
land and America, as early as 1819, sought to have Con- 
gress and Parliament pass international copyright laws. 
The writings of an English author were republished in 
America, and those of an American author were repub- 
lished in England, without the author's consent and with- 
out remuneration to him, unless by the courtesy of the 
publisher. In 1837, Henry Clay presented a petition from 
British authors asking for copyright protection. Repeated 
efforts to procure such legislation were in vain until the 
passage of the act of Congress of March 4, 1891, which 
gives to authors, whether native or foreign, the exclusive 
control of their own works, provided that their books 
are printed in the United States from type set in this 
country. 

147. Inferior Courts. — Congress, having the power to 
create courts inferior to the Supreme Court, has constituted 
the United States Appellate Courts, the United States Cir- 
cuit Courts, the United States District Courts, the United 
States Court of Claims, the Court of the District of Colum- 
bia, Territorial Courts and Consular Courts. 

148. Piracies. — Piracy was more common a century 
ago than now, because all civilized countries have united 
to clear the seas of such offenders. Piracy is a crime, and 
its definition and punishment are determined by the laws 
of Congress. The chief piracy of modern times is the 
slave-trade, which still maintains its stealthy and wicked 
course between Africa and slave countries. 

149. War. — Congress alone can declare war against 
any other power and grant letters of marque and reprisal, 
which are commissions granted by Congress authorizing 



WHAT C0NQB1 Sfl MA Y DO, 

leizoreson the higl lMir 

enemy. /U the action partal the " ;itlirr 

of piracy, LetU ra of thia kind ate w Ido ""*« 1 - 

,11, ci\ ili/.' d nations. 

L50. The Army and Navy - 

raise a nd support armi< b, to provide and maintain 

and to mak< rulee foi tl i 

the land and naval foro 

for militar) and naval pnrpoc 

term than two \ i 
Abuses in gov< rnment g< n< rally arise from the unl 

08< of the military powt i Our Constitut 

carefully guarda against bucIi dangi r by placing t 1 

tion and the Bupport of the army and 

of Congress, and by limiting I 

The long exp< ri< nee of England led to i >" 

our Constitution. In practice the appropriat the 

army and navy are made annually. 
151, The Militia.- The mal 

between the ages of eighteen and fortj 

subject to Bervice In the State militia unl - by 

Law Theorganised militia constitute a , "' 1 - 

which is train.. 1 by State offi< the railit 

system approved by Congress. I 
of the United States and its form of governn 
country from the burden of a large standing army - 
m0 n in European countries. Sometimes trained Bold 
;llv luv ,i ( ,i U) assist the civil authorities in suppress 
riots. The National Guard ia always ready for Buch - 
vice, and constitutes an army of defi nee quickly called 
action. The State militia may be called into the 
of the United States, in wind, case it ia subject to the 
orders of the President and is cared for by < like 

the regular armv. 

152. The District of Columbia.— Congress has exclu- 
sive control oi the District of Columbia: the civil govern- 



84 CIVIL GOVERNMENT. 

ment of the District is vested by act of Congress of 1878 
in three commissioners, two of whom are appointed by the 
President, with the consent of the Senate, for three years, 
and the third is an officer of the army belonging to the 
engineer corps, detailed by the President for this service. 
The expenses of the District government are equally 
divided between Congress and the people of the District. 
Inhabitants of the District of Columbia cannot vote. 

153. New States and Territories. — Congress organizes 
the Public Domain into Territories, makes law r s for their 
government and admits new States into the Union at its 
discretion. For many years the admission of States was 
in pairs to preserve in Congress the balance of political 
power between the free and the slave States. Since the 
abolition of slavery Congress has generally admitted new 
States as rapidly as the territorial population permitted, 
but under the influence of party political feeling the ad- 
mission of a new State has sometimes been unduly delayed. 

154. The Supreme Power of Congress. — Congress is 
empowered by the Constitution to make all laws necessary 
for carrying into execution the powers vested by the Con- 
stitution in the Government of the United States or in any 
department or officer of the Government. 

The clause of the Constitution granting this supreme 
power has long been called " the sweeping clause," and is 
often quoted as authorizing Congress " to do anything and 
everything." The clause means that Congress may pass 
any " necessary law " " for the complete and efficient exe- 
cution " of its powers. Louisiana was bought in 1803, the 
Mesilla Valley was purchased in 1853, and Alaska in 1867, 
although the Constitution contains not a word empowering 
Congress to buy territory. 

But in order that Congress may not abuse its powers 
the Constitution plainly sets forth certain limitations to 
its authority which distinctly declare what Congress may 
not do. 



C H A PTER I X 

POWERS DENIED BY THE PBOPLB TO CONGRESS 
AND TO THE STAT 

L55. Rights of the People. The Constitution 
thai the enumeration of certain rights granted to i 
shall qo1 be construed to deny or disp 
retained by the people. This means thai the peopl< 
to themselves all righte and powers thai they hav< 
granted to Cod State legislatures are limited In the 

same manner. The long struggle of five centuries 
more in England and in this country for 1 1 1 « ■ reali; 
•f rights has taughl men t<> prize them so highly as do1 
to endanger them by allowing ev( d the i tatives 

elected by the people to i tin of tie m. The 

Constitution declares that these are "retained by the 

people." 

1 r><>. Personal Liberty.— Tin* privilege of the wril of 
habeas corpus cannol be suspended unless when, in i 
rebellion or Invasion, the public safety may require it. 
Congress cannol interfere with the personal liberty of a 
citizen except as a punishment for crime. Several State 

constitutions declare thai the writ of hdbi -hall 

never he suspended by the State.* Illegal imprisonment 
was one of the chief complaints against KiiiL r John. 

1 .*>T. Bills of Attainder — Ex Post Facto Laws. -Con- 
gress cannot pass any bill of attainder or ex post facto law. 
A bill o( attainder in English legislation was the extinc- 
tion of the civil rights o( a person who had been executed 



.SO 



86 CIVIL GOVERNMENT. 

for treason or felony, so that his legal heirs could not in- 
herit his estate, but it was forfeited to the Crown. 

The Supreme Court of the United States has said that 
" an ex post facto law is one that creates or aggravates crime, 
or increases the punishment, or changes the rules of evi- 
dence for the purpose of conviction." If a person commits 
a crime, he may be punished according to the law existing 
at the time of its commission. The penalty for counter- 
feiting the coin of the United States is a fine not exceed- 
ing five thousand dollars and imprisonment for a term 
not exceeding ten years. If a man is convicted under 
this law, Congress cannot pass a law changing his punish- 
ment, for that would be fixing the penalty after the deed 
is done, or an ex post facto law. A person has the right to 
know what consequences follow his acts before he com- 
mits them. 

158. Proportional Taxation. — The census taken every 
tenth year enumerates the people. If Congress lays a 
direct tax upon the people, the tax must be proportional 
to population. A direct tax is a tax on land or a poll 
tax. A tax of one dollar a head on every citizen of the 
United States would be a direct proportional tax, but a 
land-tax of one dollar an acre on every acre of land in 
the United States, while it would be a direct tax, would 
not be a proportional tax, because land has not the same 
value all over the country. A tax of one dollar an acre 
in South Carolina or Texas would be a higher tax than a 
tax of one dollar an acre in New York or Pennsylvania, 
where land is of greater value per acre than in the two 
Southern States mentioned. Congress has frequently 
levied direct taxes. 

1 59. Internal Trade Free. — Congress cannot levy a 
duty or excise upon the internal trade and commerce of 
the country. To a citizen of the United States all internal 
trade must be free. States cannot collect customs. 

160. Impartial Laws of Commerce. — Congress can 



P0WEB8 hl.Mi.h BY TBI PE0PL1 VI 

no law thai gives a preference to I 
State over those of another. Vessels to or from 01 3 
cannot be obliged to enter, cl f duties in anotl 

Btate. 

16-1. Paying Out the People's Money. The annual 
expenditure of money by Congress for the ordinary i 
penses of the United Stat I rnment is more than two 
hundred and forty million dolls any of I 

money can be paid out I kragress must pass an 
pr< ssly authorising the expenditure. Extn n • 
necessary in public financiering lest public money 
l,, s t or wasted. Congress has no right to squander the 
people's money. An appropriation bill is made with gi 
attention to detail, for the treasurer of th< Unit 
pays out money exactly as provided in the appropriati 
made by ( iongress, 

162. Titles of Nobility Gifts.- Republican simplic- 
ity and equality are characteristic of our entin Govern- 
ment. Both Congress and the States are forbidden to grant 
any title of nobility either to a citisen of the Unit 3 
or to a citizen of any other country. We kx li< ire thai all 
men are created free and equal, and the citizen of the 
United states enjoys the highest nobility in possessing 
this freedom and equality, Nor can any person holding 
an office of trust or profit under the United States accept 
any gifl or title or emolument of any kind whatever from 
any king, prince or foreign state without the consent of 
Congress, An Eastern prince once presented to President 
Van Buren Borne beautiful jewels, but he could not receive 
them, and they still lie in the treasury of the United States. 
!<»:$. Freedom of the People.— Congress is forbidden 

to make any law — 

1. Respecting the establishment of religion or prohibit- 
ing its free exercise ; 

2, Abridging the freedom of Bpeech ; 
;>. Abridging the freedom of the presf 



88 CIVIL GOVERNMENT. 

4. Abridging the right of the people peacefully to as- 
semble ; 

5. Abridging the right of petition. 

Every person in this country may worship God accord- 
ing to the dictates of his own conscience, being responsible 
for the consequences of his actions and beliefs if they 
affect the peace of society. Any person may freely speak, 
write and publish his sentiments on any subject, being 
responsible for the abuse of such right ; the abuse is called 
a libel. 

In 1875 the United States Supreme Court decided that 
" the right of the people peaceably to assemble for the pur- 
pose of petitioning Congress, or for anything else connected 
with the powers and duties of the national Government, is 
an attribute of national citizenship, and as such is under 
the protection of, and guaranteed by, the United States." 
Old English law forbade "tumultuous petitioning," but 
Congress is forbidden to pass any law which will hinder 
the people from freely assembling. Arbitrary govern- 
ments, like the absolute Russian monarchy, forbid the 
people to hold political meetings. 

» 164. Right to Bear Arms. — The carrying of concealed 
weapons is forbidden by law, but Congress cannot pass 
laws forbidding the people to keep and bear arms. This 
restriction refers primarily to the right of the people to 
constitute a militia for the defence of their rights. Our 
regular army is very small ; the defence of our rights is 
secured by the retained military right of the people. Con- 
gress can declare war and call out the militia for the pub- 
lic defence, but it cannot take the right to self-protection 
away from the people. 

165. Householders' Rights. — Congress prescribes the 
rules and regulations of the army or empowers military 
officers to do so ; but " the citizen's house is his castle," 
and in time of peace soldiers cannot be quartered in any 
house without the owner's consent, nor in any time of war 



POWERS DENIED BY THE PEOPLE 

i in the manner prescribed by law. wt 

reaped the home-rights of ev< ry citiien. 

L66. Personal Security.— Tin personal security of 
citizens la protected by the lav ,-r. -. N«. law ran 

be passed by any legislative body in this country impair- 
ing that security by permitting unreasonal rid 
seizures or arrests without warrant This common-] 
right of the citizen ifl verj ancient, and bas grown and 
strengthened with the growth and strength of political 
rightfl in this country and in England Ev< i j i iti* bas 
the right to demand the authority by which any official 
ad is done. 

L67. Private Property. Private property cannot be 
taken for public oses without just compensation. Some- 
times private property is w eded for the public welfare ; in 
mh-Ii b case, it' the owner is unwilling to Bell his property, 
the Government, either Local or national, appoints com- 
missioners or viewers, whose duty it is to estimate the 
"just compensation" for the property, and the owner is 
compelled to take the amount found by the commie 
This right of Government is known as the "right of emi- 
nent domain." and may be exercised by the United fi 
by the state, by the county and by the city, <»r by corpo- 
rations to which the righl has been granted by th< - 

168. Trial by Jury. — Congress can pass no law impair- 
ing the right of the citizen to an impartial jury trial which 
shall be speedy and public All the rights confirmed 
to the people by the common law, Buch as the right of 
a person to be informed of the accusations against him, 
the right to Belf-defence or by counsel, and the right to sum- 
mon witnesses, can be protected, but not impaired, by Con- 
gress or by any other legislative body. In -nits at common 
law where the value in controversy i \- < eds twenty dollars 
the right o\ trial by jury is preserved, but cases in winch 

a • 



90 CIVIL GOVERNMENT. 

the value in dispute is not over one hundred dollars are 
usually tried before a justice of the peace without a jury. 

169. Fines and Punishments. — Neither Congress nor 
the State can pass any law requiring excessive bail, im- 
posing excessive fines or inflicting cruel and unusual pun- 
ishments. This right of the people to humane laws is of 
highest importance. The object of law is to reform the 
criminal as well as to punish him. Inhuman laws always 
fail to reform criminals or to deter them from the com- 
mission of crime. It is a principle of criminal law that 
the certainty rather than the degree of the punishment is 
the best preventive of crime. 

170. The Franchise. — Slavery was abolished in the 
United States by the Thirteenth Amendment, declared in 
force December 18, 1865. By the Fifteenth Amendment 
the right of the citizen to vote cannot be denied or 
abridged by the United States or any State on account 
of race, color or previous condition of servitude. This 
amendment was declared in force March 30, 1870. The 
right to vote comes from the State, not from the United 
States. 

171. Republican Form of State Government. — Con- 
gress guarantees to each State a republican form of gov- 
ernment and protection against invasion. If the legisla- 
ture of the State, or the governor when the legislature 
cannot be convened, applies to the Government of the 
United States for protection against domestic violence, as 
in the case of a riot, such as occurred in Pittsburgh, Penn- 
sylvania, in 1877, the United States Government must 
comply with the request. 

172. Obligation of Contracts. — No State can pass any 
law impairing the obligation of contracts. The law of the 
obligation of contracts covers nearly all the civil cases 
before the American courts, and the principle is of the 
widest application in our institutions. The protection of 
all our rights, industrial, political, social and moral, is im- 



POWERS DBVIRD Ml TttM PBOPLM U 

D iied ... the obligation of contract* a 

Lreement between two 01 more | 

,,:,,, to do or qoI to do ■ perticulai thu 

more persons oi the age of twenty-one 01 moi md 

nnn( | and without restraint or compulsion, actually © 

tract to do or no( to do a certain thing, th( 

the contract, and the laws of the Unit- 3 -H 

them to perform their legal conti 

alienees of i-performan 

, T :{. Pow.rsD.niedthe States. 

into any treaty, alliance or confederation; grant lei 

marque or reprisal; coin money; issue bilk 

make anything bul gold or silver coin a tender in p 
m , llt of debts; pass any bill of attain 

or grant any title of uobiiity. 

The limitations on t ; 
f the United States over the Stato a 

17 1. State Powers if Congress Conseir 
without the consent of Congress, can lay any imposts or 
duties on imports or exports, except what may be si 
lut.lv necessary for executing it- inspection lawa ; and the 
net produce of all duties and imposts laid by an} - 
imports or exports Bhall be for the use of tht of 

the United States; and all such lawi inject to the 

revision and control of Congn ss. 

NoState, without the consent of Conj n lay any 

duty on tonnage, keep troops or Bhips of war in time ot 
peace, enter into any agreement or compact with another 
State or with any foreign power, or engage in war ui 
actually invaded or in such imminent danger as will uot 
admit of delay. 
Those restrictions on the States mean that Coi 

*By cc billa of credit" ia meanl paper money, or promisee I 
Issued by a State in such ■ way as to be need u a aubstitute for money. 
The phrase is no1 intended to prevent a State from borrowing money 
and giving its bonds for tlu> obligation, 



92 CIVIL GOVERNMENT. 

alone can regulate the commercial interests of the people 
of the United States, maintain an army and navy, make 
treaties or alliances with foreign States or declare war. 
There cannot be two sovereign powers exercising these 
rights in the United States. 

175. The Relation of the Federal Government to the 
State Governments. — " The Government proceeds directly 
from the people. When thus adopted by them the Con- 
stitution was of complete obligation and bound the State 
sovereignties. The Government of the Union is emphati- 
cally and truly a government of the people. The Govern- 
ment of the Union, though limited in its powers, is 
supreme within the sphere of its action. Its laws, when 
made in pursuance of the Constitution, form the supreme 
law of the land. . . . The Government of the Union and 
those of the States are each sovereign with respect to the 
objects committed to it, and neither sovereign with respect 
to the objects committed to the other." * 

* Chief- Justice Marshall. 



CH A PTER X. 

THE PRhSIDKNT OF THB UNITED STAT! 

I T<;. The President of the United States n 
the unity, the power and the purpose ol the nation II- 
is the executive officer of tin !•'• d< ral G Hia 

office is the highest in the powi r ol the p ople to l •■ 

iTT. Qualifications. No person Datural-born 

citizen is eligible to the Presidency. 11 be thirty- 

ii Vt - yean of age and i resident within the United S 
fourteen years. He ia elect -1 fa 

A person of foreign birth might 1 gn in- 

fl uen( miv of office for life or for ■ •• g term 

would tend to a monarchy. 

its. His Election. - The President n by the 

Electoral College, which is composed ol 

lected in the Beveral Stat s. Eacl - lli;lliv 

Presidential el< ' ' ltivea 

in Congress, and each elector has one vol N B itoror 
Representative or person holding an office of trust or profit 
under the United States can * rve as a Pn sidential < 
The purpose of thia restriction ia to provide an El< 
College free from Federal influence. Each political party 
in the State Dominates its own Presidential electors, who 
are morally bound, it' elected, to voir for \ lential 

candidate o( the party. The people elect the Pn sidential 
electora on the Tuesday next after the first Monday of 
November in the year of the Presidential election. Th< 
first Presidential election was in 178 I - 
day it is known what electoral ticket, and consequently 
what Presidential candidate, has been elected. 



94 CIVIL GOVERNMENT. 

179. The Electoral College. — But the choice of a 
President is not made until three more steps have heen 
taken. On the second Monday in January the Presiden- 
tial electors meet in their respective States, usually at the 
capital of the State, and vote by ballot for President and 
Vice-President, one of whom at least cannot be an inhab- 
itant of the same State with themselves. When the vote 
has been counted three lists are made of all the persons 
voted for as President and Vice-President, and the number 
of votes which each received. These three lists are cer- 
tified to and signed by all the electors and sealed. One 
list is deposited with the United States district court judge 
of the district in which the electors meet. The other two 
lists are sent to the president of the Senate at Washington, 
one by mail and one by special messenger.* The sealed 
vote of the Electoral College of each State is called " the 
return." As soon as the Electoral College has sent in the 
return its duty is done and it ceases to exist. The college 
is simply the registering-machine of the popular vote. 

180. Counting- the Votes. — On the second Wednesday 
in February the sealed votes received by the president of 
the Senate are oj>ened by him in the presence of the two 
houses of Congress, and the votes are counted. The per- 
son who has a majority of all the votes cast for President 
is declared to be duly elected President of the United 
States, and the person who has a majority of all the votes 
cast for Vice-President is declared to be duly elected Vice- 
President of the United States. 

181. Election by the House. — If no person has a 
majority of the votes for President, then from the three 
highest on the list of those voted for as President the 
House of Representatives proceeds immediately, by bal- 

* If the two lists from the Electoral College of each State fail to 
reach the president of the Senate by the fourth Monday in January 
following the election, he may send for the list deposited with the dis- 
trict court judge. 



THE PBE8W1 w 01 THE UNITED 81 XTE8. 95 

lot, to choose a Pn rident. In an election by I 
the voting ie by States, a majority of thi I 
from each State constituting the on< 
quorum for this purpose consists ofa memtx mbera 

from two-thirds of the States, and a majority of all the 
Statee La accessary to :i choice. If the II 
aentatives fail to choose a President, whenever th< 
of choice devolves upon it, b< foi 
March next following, then the \ 
President, as in I >f the dt ath or other constitu- 

tional disability of the President Thorn - .i l v< 'l 

and John Quincy Adams 1 825 
of Representatii i 

L82. The Vice-President. — AjB theV 
become President, bis qualifications are th< 
of the President Should the El< ctoral I >il t<» 

elect a Vice-President, the choice of tin nt de- 

volves upon the Senate, in whicb case th< 8 must 

have n quorum of two- thirds of the whole auml 

and a majority of the whole niinil c<»;»ry t«> 

a choii 

183. A Minority President. — The Presidential eh 
from any one State are nol oblige d to vot( as a unil ; 
elector represents the party thai chooses him. Tin 8 
of New York has thirty-six electors. They may n pi 
several parties: there may be electors representing the 
Republican party, the Democratic party, the Prohil 

* As the President represents the nation, and is chosen indirectly by 
the people, it is a wise provision of the Constitution thai in a 
Electoral College fail to chooses President the choice ofa President 
should be made by that branch of the national legislature which mora 
closely r ep r e s en ts the people namely, the Rouse of R epr es en t 
The choice of the Vice-President is wis* ly left, in case the Electoral 
College fail to choose that officer, to the Senate of the United S 
over which body the Vice-President is to preside. Is the Vin 
ident succeeds to the Presidency only by accident, it is just thai the 
Senate should be permitted to select its own presiding officer. 



96 CIVIL GOVERNMENT. 

party, the Labor party or any other party. Other States 
may be similarly divided. The Electoral College thus 
may have Democratic electors. Republican electors, Labor- 
party electors and Prohibition electors. Electors of the 
same party in the different States vote for the same can- 
didates. The greater the number of candidates, the 
greater the risk that the Electoral College will fail to 
choose a President* 

The majority in the Electoral College has failed so often 
to represent the niajorhy of the popular vote that many 
attempts have been made to amend the Constitution and 
change the method of electing the President ; but as j^et 
no device has been found better than the cumbersome 
Electoral College. The idea of such a college grew out of 
the distrust of the people at the time of the making of the 
Constitution. It was then thought that electors chosen by 
the people would be less likely to err in selecting a fit per- 
son for President, But the practice of political parties 
has reduced the Electoral College to a mere registering- 
machine, and every Presidential elector votes for the can- 
didate nominated by the national convention of his party. 

184. The Presidential Succession. — In case of the 
removal of the President from office, or of his death, res- 



* In 1801, the Electoral College stood as follows: for— 
Lincoln, 180, representing 17 States and 1,866,352 popular votes, 

Breckinridge, 72, <l 11 " 845,763 

Douglas, 12, " 2 « 1,375,157 

Bell, 39, " 3 " 589,581 

Thus, although Abraham Lincoln received 180 electoral votes, he did 
not receive a majority of the popular vote : he received more electoral 
votes than his three opponents together ; and they together received 
more popular votes than he. A president who fails to receive the 
majority of the popular votes is called a minority President. 

The minority Presidents have been J. Q. Adams, 1825; James K. 
Polk, 1845; Zachary Taylor, 1849 ; James Buchanan, 1857; Abraham 
Lincoln, 1861 ; R. B. Hayes, 1877 ; James A. Garfield, 1881 ; Grover 
Cleveland, 1885; Benjamin Harrison, 1889. 



THE PRESIDENT OF THE UNITED STATES 

[gnation, or inability to discharge the powen and duties 
f h,s office, the office devolves upon the \ rident 

Pour times in our history the Vice-President has - 
to the Presidency : 

John Tyler upon the death of President Harrison in 
1M1 | Millard Fillmore upon the death of President 
lor in I860; Andrei* Johnson upon th< nation of 

President Lincoln in l s «'»">: Ch( sU i \. Arthur upon the 
assassination of President < rarfield in i s M. 

\i fche time of President Garfield's death and th< 
cession of Vice-President Arthur to the Presidency 

w as not in session. No preside nt of th< 8 
tempore had been chosen before the adjournment ol 

and consequently, had President Arthur «li« -I or 
become incapable of exercising the powers and dutii 
his office, there would have i>een uo one to succeed him 
and the country would have been without a President 
Congress soon assembled, a president of th« Senafc 
chosen, and. later, a law was passed prescribing the mi 
sion to the Presidency Bhould an occasion ever arise de- 
manding it In case of the death of both President and 
Vice-President, or of the removal, resignation or inability 
of both of them, the Secretary of State acts .1- Pn sident ; 
in case of the removal, death, or resignation or inability 
of the Secretary of State, the Secretary of the Tn 
acts as President, and, in their order, the offio 
the Secretary of War. the Attorney-General, the Postmas- 
ter-General, the Secretary of the Navy, the Secretary of the 
Interior, and the Secretary of Agriculture. This law was 
passed in January, l s ><>. and will have the effect, if ever 
practically carried out, of continuing in power the political 
party that chose the last President duly elected. by placing 
the executive powers of the Government in the hands of 
the men whom the President had chosen to ;i«ist him in 
the administration of affairs. 

1S.V Inauguration Day.— On the 4th of March of each 
7 



98 CIVIL GOVERNMENT. 

fourth year the President and Vice-President elect are for- 
mally invested with their respective offices. The essential 
part of the inauguration is the oath of office, which is 
administered to the President elect by the chief-justice of 
the United States before a vast concourse of citizens. The 
oath is as follows : " I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United 
States, and will, to the best of my ability, preserve, protect 
and defend the Constitution of the United States." The 
Vice-President takes the oath a few moments before in 
the presence of the Senate of the United States. Usually 
there is a display of military and other organizations from 
various parts of the country. The new President pro- 
nounces his inaugural address from the eastern steps of 
the Capitol. This address outlines the new President's 
policy or his ideas of the administration of the Govern- 
ment. 

186. The White House. — After the inauguration the 
President is driven to his official residence, the executive 
mansion, popularly known as the White House. Here he 
receives deputations of citizens, foreign ambassadors, mem- 
bers of Congress and of other departments of the Govern- 
ment. 

187. The President's Salary.— Until 1873 the annual 
salary of the President was $25,000, but it was thought at 
that time that this amount was not sufficient to meet the de- 
mands made upon the President during his official life. It 
was increased to $50,000, but this sum is small when com- 
pared with the amount paid to the rulers of other civilized 
lands. This salary cannot be increased nor diminished 
during the period for which the President is elected, and 
he cannot receive, while President, any emolument from 
the United States or from a State. A custom has long 
prevailed that the President cannot receive any gift from 
any civil body, such as a city council or a legislature, or a 
foreign state. The Vice-President receives $8000 annually, 



THE PRESIDENT OF THE UNITED STATl 

and, m in the case of the Pn rid< nt, he draws his salary 
Id monthly instalment* firom the United 9 ry. 

I ss. The President Accessible. Although I 
[dent ii the ruler ofa mighty nation and is burd< ned with 
responsibility and official duties, he is easil) reached by 
the humblest citizen. Unlike the rul< 
who are hedged about by ranks of officials both civil i 
military, our chiel magistrate m quently n 
.it public or at private n a ptions. Tin <l«;ith of two 
our Presidents b) assassination has led many to belii 
that the President of the Unit 

by a guard. The President is constantly sought by \ 
sons soliciting appointment to office. In order to reli 
the President from the crowd of offia w i k< rs, and also to 
secure competent public servants in the lower grades 
administrative offices, the greater numbei rnment 

employes in clerical positions are appointed by tl • 
of the executive departments, with the approval of the 
President. 

189. Duties of the President.— All the duties of the 
President are Bummed in the language ot tl titu- 

tion : - He Bhall take care that the laws be nuthfidly 
executed." 

n>o. Powers of the President.— '11m President is com- 
mander-in-chief of the army and navy of the Unit 9 
an d of the militis of the several States when it is called 
into Hi' 1 national Bervice. He is not obliged to take com- 
in;nu l f the national Forces in person, but may place them 
under command of such officers as he may cho 

He has power to grant reprieves and pardons, as well 
before trial and conviction as afterward, for offi nces against 
the United States, except in impeachment I 

exception of impeachment cases is taken from the custom 
in England, where the king's pardon cannot be pleaded in 
case of impeachment before the House of Commons. 

lie has power, by and with the consent o\ the Senate. 



100 CIVIL GOVERNMENT. 

to make treaties with foreign states, provided two-thirds 
of the Senators present concur. 

He nominates, and by and with the consent of the Sen- 
ate he appoints, ambassadors, other public ministers, con- 
suls, judges of the Supreme Court, and all other officers 
of the United States whose appointment is not otherwise 
provided for by law. 

He has power to fill all vacancies in Government offices 
that may happen during the recess of the Senate by grant- 
ing commissions which shall expire at the end of the next 
session. In 1831, President Jackson during a recess of the 
Senate appointed Martin Van Buren minister to England, 
but the Senate refused to confirm the appointment, and 
Mr. Van Buren, who had alread}' gone to the court of St. 
James, was compelled to return. 

He has power on extraordinary occasions to convene 
both houses of Congress or either of them, and, in case of 
disagreement between them with respect to the time of 
adjournment, he may adjourn them to such time as he 
thinks proper, but not for a longer time than the day fixed 
for the assembling of the next session of Congress. 

He appoints the members of his own Cabinet, who com- 
pose the heads of the executive departments, and he may 
require of them at any time an opinion in writing upon 
any subject relating to the duties of their respective offices. 

He receives ambassadors from foreign powers and other 
public ministers, and commissions all the officers of the 
United States. 

191. Removal from Office. — The President, the Vice- 
President and all civil officers of the United States are 
subject to removal from office on impeachment for and 
conviction of treason, bribery or other high crimes and 
misdemeanors. 

192. The President's Message. — In his annual mes- 
sage, when Congress assembles, the President gives to that 
body " information of the state of the Union." In this 



rui: ri;i •//</ w OF THE UNITED Wl 

■,■■<■ he reviews the history of tin comments 

upon events, makes suggestions concerning l< 
and expresses his opinions on such Bubj( thinks 

proper. At any time he may Bend to I 

,•■<■ directing attention to matters requiring immedi- 
ate consideration. 

!«>;$. The President as Law-maker. — The I 
is an essential part of tin- law-making power under the 
Constitution, and signs or vet I bills and resoli 

..•< pf .1 resolution to adjourn. 

L94. The President as Politician — 1 1- 1 by 

;i political party for the purpose of carrying out ; 
principles of government. Hi- term of office is known 
politically as an administration. He is the head or 
of his party, and usually makes all official appoint] 
out of his own party. The number of appointments he 
can make is aboul <•!)<• hundred and fifteen thou* 
sometimes these men use their personal and official in- 
fluence to re-elect the President \\h<» appointed them to 
office, but (In 1 spirit of our institution 
action. 

L95. Rules of the Executive Mansion. I I ibinet 
meets on Tuesdays and Fridays. Mondaye served 

l>y the Presidenl for the transaction of public bui 
requiring liis uninterrupted attention. Senators and Rep- 
resentatives in Congress have the President on 
all days, except when he holds a Cabinet meeting. Other 
persons :uv received by him at designated hours, I \< - pt 
on Mondays and Cabinet days. Those having n<> busi- 
ness, but who desire simply to pay respect t<> the Presi- 
dent, are received by him in the East Room at a designated 
hour on Mondays, Wednesdays and Saturdays. 

196. The President as the Head of the Nation. — 
r l ne President is the only Federal officer who is directly 
responsible to the nation for the administration of the 
Government, He is President of the whole country, and 



102 CIVIL GOVERNMENT. 

should be above the biassed prejudices of the mere politi- 
cal partisan. He is the nation's man, and not a party man. 
If he fails to rise to the lofty plane of national duty, he 
sinks into the obscurity of the mere candidate for office 
and the distributer of the spoils of office. The burden of 
his responsibility is too heavy to be borne long, and Wash- 
ington set the example of retiring from the Presidency at 
the close of a second term. It has often been said that 
responsibility makes men serious ; the responsibilities 
incident to the office of President of the United States 
have called into exercise noble qualities from all our Pres- 
idents. From the excitement of the campaign to the 
cares of the White House is a transformation likely to 
change the leader of a party into the head of the nation.* 

* For Table of Presidents of the United States, see p. 212. 



CH AFTER XI. 

THE EXECUTIVE DEPARTMENTS 

1<>7. The Executive Departments.— T! 
business of the Federal Government is commit! 
departments, each of which has fof itschiei officer aCab- 
inei minister appointed by the President by and mtti the 
consent of theSenate. The departments, in the ordei 
their creation by act of Congn 

The Department of State, July 27, 17* 

The Department of War, August 7, 1' 

The Treasury Department, Septemtw r 2, I 

The Post-Office Department, May s - 1794 .. 

The Department of the Navy, outlined by ti 
April 30, L789, but not established until May 21, I 

The Department of the [nterior, March 8, L84 

The Department of Justice, originally provided foi 
tember 24, L789, in charge of the Attorney-General, 
and created under the present organisation Jun< 

L870; 
The Department of Agriculture, February 12, l ss '» 
gach member of the Cabinet ifl in political accord with 
the President and receives an annual salary of$8000. He 

h,»l.ls his appointment at the will of the President, and ifl 
directly responsible to him tor the management of the 

department of winch he is the principal officer. The 

President is responsible to the people of the Unit* S 

toi- the conduct of business in all the depart ments.* 

* The Cabinet meets at the executive mansion at the direction of the 
President, who presides over its consultations and directs then, [to 
proceedings are not recorded, ami it bas no legal authority m a Uxly. 

193 



104 CIVIL GOVERNMENT. 

198. The Department of State. — Of the executive 
departments created by Congress, the Department of State, 
which outranks the others, was the first in operation. It 
is presided over by the Secretary of State. He is the sin- 
gle officer in our Federal Government who is empowered 
to communicate with other Governments in the name of 
the President of the United States. He corresponds with 
the official representatives of the United States in foreign 
countries and issues instructions for their guidance. He 
has charge of treaties and negotiates new ones ; he keeps 
the archives of the United States and publishes its laws, 
or causes them to be published, together with treaties, 
Presidential messages, proclamations, resolutions, etc. He 
keeps the great seal of the United States and affixes it to 
official papers. He issues and records all passports, and 
he reports to Congress at stated times the relations be- 
tween foreign countries and the United States. He has 
three assistants, known as the First, Second, and Third 
Assistant Secretary of State.* 

199. The Diplomatic and Consular Service. — The 
foreign relations of the United States and of its people are 
entrusted to two sets of officials — one, the American min- 
isters abroad, who represent our Government in a political 
capacity ; the other, the American consuls abroad, who 
represent commercial interests, and chiefly the interests of 



As its action is merely advisory, the President is not bound by the 
judgment of the Cabinet, and its members as heads of executive depart- 
ments may disregard the advice of the Cabinet and assume the responsi- 
bility of individual action. 

* The list of Secretaries of State begins with Thomas Jefferson, ap- 
pointed by President Washington September 26, 1789, and contains 
some of the most distinguished names in our civil history. Jefferson, 
Madison, Monroe, J. Q. Adams, Van Buren and Buchanan served each 
as Secretary of State before election to the Presidency, and John Mar- 
shall, the great chief-justice, Henry Clay, Daniel Webster, John C. Cal- 
houn, Edward Everett, Jeremiah S. Black and William H. Seward 
were once at the head of this department. 



Tin i \i.< i in i hi r \i:i )£Bh 106 

Americans as individuals. The duties of the diplomi 
and of the consular services are n< w r confus* d. 1 
American minister cannot repn sent 01 • d com- 

mercial interests ; the consul cannot 
in political affairs. Our diplomatic agents are of four 
grad< 

1. Ambassadon ; 

2. Envoys extraordinary and ministi re plenipotentiary ; 
:;. Ministers resident These thn i diplo- 
matic service are accredited by the President to th< 

of Government of the countries to which tl 

1. ( 'luifiiis d'affairea commissioned by t dent, but 

accredited by the Secretarj to the minis* r 

foreign affairs of the Government to which tin lent 

h, sum, chargi tTaffakret is entrusted with the n p- 

resentation until the duly-accredited minister I led 

his official duties. 

The duty of diplomatic agents is to i arry ou1 the instruc- 
tions which come to tliem from the President through 
Secretary of State. They aid in carrying out tl 
dent's foreign policy by negotiating Buch and in- 

ternational agreements, and securing such international 
relations, as in the judgment of the President seem con- 
ducive to the welfare of the United Stales. By the law 
of nations foreign ministers enjoy many rights and privi- 
leges peculiar to the dignity of their office. They are 
assisted by secretaries of Legation and interpn I 

Our commercial relations with the people in foreign 
lands are entrusted to the American consuls, each of whom 
resides in tin* principal city of a consular district into 
which foreign countries arc divided. The officers of the 
consular service are more numerous than those of the 
diplomatic service. The duties of consuls are various. 
The Department of state cannot attend to the private 
business of American citizens, hut the individual citizen 
may employ the American consul to transact any private 



106 CIVIL GOVERNMENT. 

business he may have abroad. The consul may adminis- 
ter oaths, take testimony, administer on the estates of 
Americans dying abroad and send home the proceeds of 
their estates to be distributed to the legal heirs. Our con- 
suls also secure valuable information relating to com- 
merce, manufactures and agriculture, which they convey 
to our Government, by which it is given to the American 
people. In Japan, Turkey and China any American cit- 
izen charged with crime is tried by the American consul. 
To the consuls are entrusted the interests of American 
seamen and American shipping. The consul keeps a reg- 
ister of all American ships entering his port, the tonnage 
of each ship, the nature and the value of each cargo, the 
number and the condition of the seamen. To the consul 
the seaman may apply for the protection of his legal rights, 
and the destitute mariner is entitled to receive relief from 
the consul at the expense of the Government of the United 
States. But only seamen are entitled to such aid : they 
may be sent home or cared for in a foreign land until 
able to help themselves. The chief duty of a consul is to 
see that the commercial laws of the United States are en- 
forced. These laws or agreements are negotiated by the 
diplomatic agents of the United States. 

200. The Treasury Department. — The Treasury De- 
partment was Organized by Alexander Hamilton, and has 
grown into a department difficult to understand on account 
of its complex interests. The Secretary of the Treasury 
must be a man who is not directly interested in trade or 
commerce. President Grant nominated the merchant 
prince A. T. Stewart for this Cabinet position, but the 
Senate refused to confirm him and refused to change the 
law that disqualified him from holding the office. The 
secretary is required to suggest plans for creating revenue 
and maintaining the credit of the United States ; to de- 
termine the manner in which the financial business of the 
Government shall be conducted; to acquaint Congress, 



THE EXECUTIVE DEPARTMENTS 107 

when called upon, with any information obtainable in his 
department ; to superintend the colli ction of the n 
and to give warrant* or orders for all mo '1 from 

the Treasury in accordance with the appropriations made 
by C The chief business of the Tn asury I >• part- 

menl since L861 has been the manag< men! of the national 
debt 

England has s national debt about fiv< timi - 
ours, and employs the Bank of England to it: 

I. ut in our own country the Secretary of the Treasury 
this importanl responsibility. He has the superint 

of the coinage of m \. ol the national banks, of the 

customs and the custom-houses, of the lighthouse system, 
of the coast Burvey, of the inspection of steam 
of marine hospitals and of the life-saving service 1 1 
;iidc<l by two assistant b< cretarii - ;m<l num< rous <l. rks. 

The millions of money belonging tn the people of the 
United States are entrusted to the treasurer of die United 
States, : 1 1 m 1 are kept in strong vaults made for the pur- 
pose.! 

The Life-Saving Service ii composed of Qtend- 

ent, assistanl general superintendent, inep ctors, distrii t sup rim. nd 
:i board on life-saving appliances and the keepers and crews of stations. 
The service is designed toassisl vessels and seamen in danger of b 
wrecked. There are 244 stations in commission 182 on the Atlantic 
coast, l - on the Pacific, t'. ( <>n the lakes, and 1 .-it the Falls of the < > 1 • i * » 
River, Louisville, Ky. since the organisation of the service, In 1871, 
to June 80, 1898, disasters have occurred t<> 7081 v es s e ls, within the 
scope of its operations, having on board 56,818 persons, of which 
number 56,162 were saved, and only ' ; ">f> l"-t : and of more than 
$112,000,000 of shipping property, including cargoes, involve.!, nearly 
eighty per cent was saved. This is one of the most useful branch - 
work undertaken by the Government, and i< worthy of more aid and 
encouragemenl from Congress than it has hitherto received. 

t The business of the Treasury Department is audited by six audi- 
tors. The first auditor has charge of all accounts in the civil service, 

the public debt, the expenses of Federal courts, and the custom-no 

The second auditor examines the army accounts with some exceptions 



108 CIVIL GOVERNMENT. 

201. The War Department.— The Secretary of War, 
under the direction of the President, has charge of the 



and settles all accounts with the Indians. The third auditor settles all 
accounts of the engineer corps, pensions, war clnims, etc. The fourth 
auditor examines all accounts of the navy. The fifth auditor is in 
charge of the accounts with the internal revenue, State Department, 
diplomatic service, and the census. The sixth auditor examines the 
accounts of the postal service. 

The auditors' accounts are re-examined by the comptroller of the 
Treasury, and the commissioner of customs revises all accounts of the 
revenue and of the marine service. 

The register of the Treasury has control of the account-books of the 
United States. These books show the exact financial condition of the 
Government at any time. His name may be seen upon bonds and 
United States notes. 

The comptroller of the Treasury is in charge of the national banking 
system. The office was created in 1863. 

The director of the mint has charge of all mints and assays, and re- 
ports to Congress from time to time concerning the yield of the precious 
metals, etc. 

The commissioner of internal revenue supervises the collection of all 
duties and taxes levied by Congress. The States and Territories are 
divided into eighty-two internal revenue districts. 

The solicitor of the Treasury has charge of all prosecutions by the 
Government for the infringement of revenue laws, for counterfeiting 
and other crimes committed against the financial interests of the 
country. 

The chief of the bureau of statistics reports yearly on the trade and 
commerce of the country, and, when directed by Congress, examines 
and reports on the industrial problems in which the nation is interested. 

The superintendent of the coast and geodetic survey has charge of the 
survey of the coasts and rivers of the United States, and publishes 
charts, tide-tables and sailing directions. 

The remaining officers are the supervising surgeon-general, the super- 
vising architect of the department, the supervising inspector of steam- 
vessels, and the chief of the bureau of engraving and printing. The 
latter officer has charge of the making of all bonds, Treasury notes, 
national bank-notes, revenue stamps, etc. By means of this division 
of labor the vast interests of the Treasury Department are properly 
cared for, and if a single error, however trifling, is made by a clerk, it 



THE EXECUTIVE DEP \RTHE* l"' 1 

military affairs of the country, the keeping of the army 
records, and the expenditure of all money appropriated by 
Congress for the improvement of navigation andthesur- 
,,i harbors. The duties of the department are divided 
among ten bureaus : 

The adjutant-general issues the President's orders, con- 
ducts the correspondence ofthe army, ons 
and keeps the exact record of the army. 

The remaining bureaus are fchoa of the insp 
eral, the quartermast the 

commissary-general, the Burg< eral, the chief signal 

officer, the chief of engines rs, the ch '"-1 

the judge advocate-generaL The lattei offi< i r n ri< srs the 
findings of courts-martial and is th< Legal adviser of the 
Secretary of SVai 

202. The Navy Department.- The Secretary of the 
Navy executes the ordersof the President relative to his 
department. The duties of the departm 
among eight bureaus: A bureau of yards and docks, ol 
equipment and recruiting, of navigation, 
construction and repair, of steam-engineering, of pro 
ions ;m«l clothing, and of medicine and surg* ry. 

This department also issues nautical charts and sailing 
directions for the use of navigators, and publishes nauti- 
cal books o( great value which are Bold at cost to any one. 
The naval observatory at Washington is under the i 
of this department The nautical almanac is published 
three years in advam 

is soon detected by means of the numerous checks and safeguards con- 
stantly employed. 

Among the eminenl men who have held the office of Secretary ofthe 
Treasury are Hamilton, Gallatin, Taney afterward chief-justice of the 
United States), Chase (also chief-justice), McCulloch and Sherman. 

among the distinguished men who have held the office of Secretary 
of War are Edwin M. Stanton. General Grant and General Sherman. 

f Among the distinguished men who have served as Secretary of the 
Naw ire Geozge Bancroft and Gideon Welles. 



110 CIVIL GOVERNMENT. 

203. The Department of the Interior. — This depart- 
ment was originally called the Home Department, a name 
significant of the nature of the interests committed to it. 
If information is wanted concerning immigration, public 
lands, the Government survey, mines and mining, schools 
and colleges, the census, patents, pensions, trademarks, the 
Indians or the scientific investigations of the Government, 
the Interior Department will supply it. If pestilence and 
disease prevail in any part of the country, the Interior 
Department will advise as to the best method to be pur- 
sued to overcome them. The subordinate officers of the 
Interior Department are— 

The Commissioner of Public Lands. 
The Commissioner of Indian Affairs. 
The Commissioner of Pensions.* 
The Commissioner of Patents. 
The Commissioner of Education.! 
The Inter-State Commerce Commissioners.]: 
The Superintendent of Public Documents. 
The Superintendent of the Census. 

* Pensions. — Liberal pension laws in the United States since the 
Revolution have provided for the comfort of soldiers and sailors who 
have become disabled in actual military service, and in case of death 
for the support of. their families. 

f The Bureau of Education, organized in 1867, is attached to 
the Department of the Interior, and is under the direction of the com- 
missioner of education. It collects statistics and facts showing the con- 
dition and progress of education in the several States and Territories, 
and diffuses information respecting the organization and mangement of 
schools, school systems and methods of teaching. Its reports and cir- 
culars of information are of great value to those interested in educa- 
tional affairs. 

t The Inter-State Commerce Commission.— On the 4th of 
February, 1887. Congress passed the " Act to Regulate Commerce," 
under which the Inter-State Commerce Commission was created. The 
commission consists of five commissioners, appointed by the President, 
with the advice and consent of the Senate. It is the duty of the com- 



THE EXECUTIVE DEPARTMENTS 111 

i peri n ten dent of the census is appointed foi each i • 
and holds his office only until the completion of the 
oensue for which he iras appointed. 

B04. The Post-Office Department.— I 'n-i< len t Jackson 
Bint admitted the chief clerk of the PostrOffice I>- partm( nt 
to a seal In the Cabinet Tl iry, called th< P 

master-General, has charge of the postal the 

nation. He awards all postal contracts, direcU rout 
mails, aegotiatea postal treaties \\itli the « « • i • — • 1 1 1 «»t the 
President :m<l commissions and appoints all posti 
whose Balaries are n<»i more than 1100 
ten \vli<> receive more than this amount are appointed by 
the President with the advice and consent 
The secretary controls the styles of post ips and 

of envelopes made by the Government, and prescribes the 
rules and regulations of the postal business of the country. 
The subordinate officers of the department an 
assistant postmaflters-general, an assistant atton 
eral, ;> superintendent of tin- money-ord< r department, ■ 
superintendent of foreign mails, ;> chief clerk, i law clerk 
and a topographer. The business of tin P De- 

partment is enormous, extends ov< r the i otire country and 
is carried on with regularity and Bafcty. Before 1845 it 
cost from six to twenty-five cents to Bend a letter contain- 
ing a single sheet ; the act of i s t"> made the rates fiv< 01 

mission to investigate any matter or question of lad pertaining t" the 
business of am common csrrier or carriers in the I oited States, en- 
gaged in the transportation of passengers <t property wholly by rail- 
road, or partly by railroad and partly by water, from one St tt« 01 
ritory of the United States to any other State or Territory of the United 
States, or from any place in the United States to an adjacent foi 
country, or through ■ foreign country to any other place in the United 
States. The net does n<»t apply to the transportation of persons or 

property "wholly within the State. " The object of the a< t i- to pro- 
vide Congress with accurate information by which it may enact laws 
11 to regulate commerce," so thai unjust discrimination in freights and 
passenger rates among railroads may be prevented. 



112 CIVIL GOVERNMENT. 

ten cents according to distance. Stamps of these denom- 
inations were first issued in 1847. Four years later post- 
age on home letters was reduced to three cents, and in 
1883 it was reduced to two cents. The Post-Office Depart- 
ment provides facilities for the transmission of money by 
postal notes and orders. It classifies mail matter and 
fixes the rates of postage according to the classification.* 

205. The Department of Justice. — Although Congress 
created the office of attorney -general of the United States 
in 1789, the Department of Justice was not created until 
1870. The United States Attorney-General is the chief 
law officer of the Government, and represents the United 
States in all suits at law to which the United States is a 
party. He has the aid of the solicitor-general, two assist- 
ant attorneys-general, an assistant attorney-general for 
the Interior Department, one for the Post-Office Depart- 
ment, a solicitor of the Treasury, a solicitor of the Internal 
Revenue and an examiner of claims. The men who have 
at different times held this office of Attorney-General are 
among the most distinguished lawyers that the country 
has seen.f 

20(i. The Department of Agriculture.— Until 1889 
the interests now entrusted to the Department of Agricul- 
ture formed a portion of the interests of the Department 
of the Interior. The wealth of the people of the United 
States is chiefly agricultural. The farmer whose crops are 

* The Postal Union.— For the prompt transmission of mail matter 
between different countries, most of the nations have united in forming 
a postal union. It was organized at Berne, Switzerland, in 1874. Letters 
are carried from one country to another connected with the union at 
the uniform rate of five cents for each half ounce in weight, no matter 
what distance apart the countries may he. 

t Among them arc Theophilus Parsons, William Pinckney, William 
Wirt, Roger B. Taney (afterward chief-justice), Nathan Clifford (after- 
ward justice of the United States Supreme Court), Reverdy Johnson, 
Caleb Cushing, .John Y. Mason, Edwin M. Stanton, William M. Evarts 
and Ed wards Pierrepont. 



THE EXECl TIVE hi I'M: I MBUTt 1 13 

injured by destructive insecte may apply to the I* 
incut of Agriculture and learn how to - n ;m<l 

his fruit He may there ascertain th< cause and tin- cure 
of the diseases thai afflict In- cattle and b 
obtain information about soil, climate, fertilize 
and methods of cultivation. In 1891 the Weath< • B 
previously under the control of th< War Department 
transferred t<> the Department of Agricultui 

The executive departments are united in the President 
of the United States, who has the supreme « ontrol ol I 
and who is direcU) responsible to the \» ople foi his admin- 
istration of public affairs. 

* The Weather Bureau was established bj en ad 
February, 1870^ authorising tin - titblisa end 

equip stations in different parti of the country, where inch limult 
observations on the meteorological conditions of the etmosphen 
be taken ee would enable the department to give i" all Important 
on the Atlantic ooasl tad < treat I akei timelj notice of tl" appro 
dangerous storms, and to colled such information u would 
to shipping and other intereeta The system has grown until U* 
now nearly Ave hundred Btations in different parts of the coonti 
ing trained and intelligent observers of the weather, s I rations 

arc telegraphed to the central oilier si Washington three times each 
day. and the bureau ia thus enabled to foretell the probable d 
of the weather for the next twenty four hours. 



CHAPTER XII. 

THE COURTS OF JUSTICE. 

207. Determination of Rights. — The industrial, polit- 
ical, social and moral rights of a person may be questioned 
or endangered by another : to determine these rights courts 
of justice administer the laws of the States and of the 
United States. 

208. State Courts. — The State courts are the inferior 
or lower courts, such as the justice's court and the county- 
courts; and the higher or superior courts, such as the 
court of appeals, the court of errors or the supreme court. 
In the State courts are tried all cases of a civil or of a 
criminal nature that arise within the jurisdiction of the 
court before which the cases are brought for decision. A 
case, if not appealed to a higher court, is settled in the 
court in which it is first brought. The laws of the several 
States and of the United States determine whether or not 
a ease may be appealed to a higher court, Nearly all 
suits at law begun in State courts are settled there. Suits 
at law are managed by. men learned in the law, who act 
in the place or turn of another, and who are therefore 
called attorneys-at-law. A person may manage his own 

• at law, but he is safer in employing an attorney. The 
court consists of the judge or judges sitting on the bench 
for the purpose of administering justice. The higher 
courts are provided with clerks or recording officers and 
reporters ;* there are also in attendence attorneys-at-law 

* Reports and Reporters. — The decisions of the higher courts 
are recorded, and from the records are made up the volumes of legal 
reports by the law reporters of the courts. Each State and the United 
114 



THE cor iirs OF JU8TIC1 ' 15 

;i,,,l officere that assist the court, Buch as the sh< i 
constables, tipstav* - and crier. The judgment of an b> 
feriorcourl is final, unless - I aside by th< nt 

209. Military and Naval Courte. < Offences committed 
in the army or navy are tried before ;> military 
commission called ;• courtrinartiaL Military - ;it 

critical times ii> b nation's history demand fairand 
trial. In times of war, civil proa dure would I" 
quate to the necessities of th< 
court-martial cannot be reopt n< 'I • \" i»t by 01 
.- or of tli- Pn sidenl with the consent i 
Only the President of the Unit d 3 an pardon \ 

sons found lt u i 1 1 \ by military or naval «•<"• 

ilO. Arbitration Matters of difference between 
tending parties are often adjusted by arbitration, which i> 
the reference of the matters in dispute to disinterested ; - 
Bona chosen by t!i<- parties, <:h-Ii party choosing one, and 
these tw«> choosing s third arbitrator. Crimes cannot be 
made the Bubject of arbitration. The .-pinion or finding 
of the arbitrators i- called an award, and i- binding on 
the parties t.> tin- arbitration. In modern times nat 
have occasionally Bettled differences between themst 
by arbitration 

States provide for the publication «'i their <>\v n w i i< b • i reports. 1 
reports are the guide of attorneys-at-la* and of ju.lL r >- Thej 
pared \\ itfa great care. 

rhis humane and peaceful method of arriving at a judgm< 
pursued by England and the United States in the celebrated Alabama 
case, s body of claims made by the United States against England for 
alleged violations of neutrality during the < Svil War The tribunal t-> 
determine the disputes between the two countries assembled December 
16, 1871, in Geneva, Switzerland, and consisted of five arbitration -Count 
Federigo Sclopisof Salerano, named by the king of Italy: Baron It.u 
juba, named by the emperor of Brazil; Mr. Jaquee Staempfli, named 
by the presidenl of Switserland; Charles Francis Adams, appointed by 
the President of tlu> United States; and Lord Chief-justice sir Alexan- 
der Cackburn, appointed by the queen of Great Britain. After an ex- 



ll(j CIVIL GOVERNMENT. 

211. Criminal Cases and Civil Cases. — All cases 
at law are divided into two classes — criminal and civil. 
A criminal ease is one in which a suit is brought, usually 
in the name of the State, by one person against another 
tor the commission of a wrong endangering his life, health, 
property, liberty or reputation. A civil case is one in 
which suit is brought to compel a person to execute his 
contract or to make compensation for refusing or neglecting 
to do so. Courts of justice administer civil and criminal 
law, and the same judge may at different times sit as a 
criminal court or as a court hearing civil cases. Courts 
of oyer and terminer and jail delivery and courts of nisi 
priu8 are courts which redress public wrongs — that is, 
crimes and misdemeanors. Courts of common pleas are 
courts which redress civil wrongs or wrongs arising from 
breach of contract. Probate courts, orphans' courts or 
surrogates' courts are courts which settle the estates of 
deceased persons. 

212. History of a Civil Case. — A civil case originates 
in a breach of contract. A contract is an agreement to do 
or not to do a particular thing.* Contracts are expressed 
— that is, stated formally in writing or verbally before wit- 
nesses ; or implied— that is, such as reason and justice dic- 
tate, and which the law presumes that every man under- 
takes to perform. If I employ a person to work for me, 
the law implies that I shall pay him the value of his ser- 
vices. It is implied in all contracts that if I fail in per- 
forming my part of the agreement I shall pay the other 
party Buch damages ;is he has sustained by my neglect or 



haustive examination of the matters submitted to it the tribunal awarded 
$15,500,000 in gold, September It, 1S7l>, as the indemnity to be paid 
by Great Britain to the United States in satisfaction of all claims re- 
ferred to the consideration of the tribunal. The award was promptly 
paid, and since th;it famous decision it has become the custom of civil- 
ized nations to seek a settlement of international disputes by arbitration. 
♦Seel 172, p. 90. 



THE COURTS OF JD8TL 117 

refusal. The great law of eonti hat all r> 

legally bound to keep their contracts or suffer the p< nalty 

for the breach of them. 

The party bringing the Bull at law i- called the plaintiff; 
In- opponent i- called the defendant Bach pari} usually 

the advice of an attorney, and if the part • 
come t<> ;m amicable settlement tic case is brought I 
the court baying jurisdiction in su< b r the 

riling of tic accessary legal papers is Introductory to the 

in court, it comi - on in it- ord< r for trial. The 
plaintiff, In- attorney and In- witn. --. ~ run front the 
defendant, In- attorney and In- win,- --■ - I'.y mutual 
consent the case may Ix settled upon a hearing by the 
judge alone, but usually tl I down for i jury 

trial. All cases that come before the court ought 

upon <»;iili of the parties bringing them. Plaintiffs, de- 
fendants and witnesses at bod of the case take 
oath as t<» the truth of the matter involved. This 
pelling every person connected with tl 
Ins knowledge of it upon oath, imparts solemnity to the 
proceedings, and make- each p finn- 
ing, guilty of perjury if he does not tell the truth. 

Before the case open8, it' a jury trial, a jury is empan- 
elled. Trial by jury is very ancient, and its origin i- not 
clear. Some think that it arose in England from the cus- 
tom prevailing then 1 many year- ago "f twelve men. called 
compurgators, or oath-makers, taking solemn oath ti 
the best of their individual belief certain statement- were 

true or felse. In those ancient days men sometim 
sorted to curious devices to determine the guilt or the 
innocence of an accused person. He was compelled t<> 
plunge his naked arm or his body into boiling water or 
boiling oil, or to pick up a red-hot ploughshare, or to walk 
over a fiery path, or to wage battle in single combat If 
he performed these requirements unharmed, he was thought 
to be innocent. At the present time, in England and in 



118 CIVIL GOVERNMENT. 

the United States, trial by jury is the common manner of 
trying eases, and the right to trial by jury is secured to 
citizens by the unwritten constitution of England and by 
the written Constitution of the United States.* 

213. History of a Criminal Case. — Offences of an atro- 
cious nature, such as murder, arson, burglary and larceny, 
are called crimes ; offences of an inferior degree of guilt are 
called misdemeanors. Crimes and misdemeanors hazard 
the peace of society, and are therefore public wrongs. The 
person injured or his legal representative, or the attorney 
representing the State, brings the action in a criminal case. 
First, upon evidence sufficient to satisfy a justice of the 
peace, a magistrate or a judge, the person suspected or ac- 
cused of committing the offence is arrested, under warrant, 
by the constable or sheriff. Upon arrest the prisoner is 
subject to preliminary examination before the officer who 
issued the warrant. If not discharged, the prisoner is re- 
manded into custody to await trial. If the offence is a 
bailable one, he may be set at liberty on bail, which is 
secured to the State by sufficient securities. The State 
becomes the plaintiff and is called the prosecution ; the 
prisoner is the defendant. After a reasonable time the 
prisoner, if not out on bail, may petition for the right of 
habeas corpus, which the court is bound to notice, f Mean- 
while, the attorney for the State has drawn up, accurately 
and in legal form, a written accusation which is known as 
an indictment. The indictment states the offence of which 
the prisoner or the defendant is accused. The prosecuting 
attorney, representing the State, lays the indictment before 
the grand jury. 

214. The Grand Jury. — The grand jury is a body of 
men, varying in number in the different States, selected 
according to law in the county, to examine the indict- 
ments presented before it by the prosecuting attorney for 
the State or county. An indictment is the complaint in 

* See r 168, p. 89. t See ff 156, p. 85. 



THE COURTS OF JV8TK 1 1 19 

legal form against a person oi perrons foi offei - 
mitted by him or them against " th< od dignity <>t 

the commonwealth." The indictment is known as a 
"bill." On the bill are endorsed the names of the wit- 
by whose testimony tin- charj The 
attorrn to the jury a history of tl 
knows it The jury examines tin- witm 
the indictment, and formally rotes on each indictment 
A true bill is the formal as* n< «»t the m >f the 
grand jury that the person indicted should l»» j 
against according to law. [fa true bill i- Dot found, the 
- thrown <>ut and com< a to an i ud. Bach true bill 
becomes :i criminal case before the court Bach grand 
jury has :i foreman select «l by th< ma 
by the court ll< writ i ach indictment eith< i \ 
true i.ill " or •• Not a true bill," as the jurj \il 
the proceedings of the grand jury i re the 
grand jury retires t<> consult th< barged by the pre- 
siding judge concerning the nature of their duties. The 
grand jury is a preliminary ju 

815. The Petit Jury. -The jury before whom civil and 
criminal cases are tried is called a petit jury. The term 
"jury" is usually employed as - i -_r 1 1 i f \- i n l: .- » petit jury. The 
number of jurors must be twelve. The jun bosen 

from a number of electors selected according t<> [aw in 
tlu> county. Prom the electors so selected twelve nun 
are chosen, who take their place in the jury-box. Tins 
is called empaneling the jury. The jury i< BWOrn ami 
Comes on for trial. 



* An entry may be Biade on the court-record by which tin- i' 
tor or the plaintiff declares that be will proceed no farther. Such an 
entry is called a nolU p r oseo w . It maj be entered in a civil or in a 
criminal case. In criminal cases, before a jury i< empaneled to try an 
indictment, and also alter conviction, the prosecuting attorney baa power 
to enter a noUe prosequi. A >/<>//<• prosequi does not acquit the defendant : 
ho may ho indicted again. 



120 CIVIL GOVERNMENT. 

The manner of trying a civil case differs in some respects 
from that of a criminal case, but the general procedure is 
the same. Witnesses are examined and cross-examined. 
The attorney for the plaintiff or the prosecution presents 
his side of the case to the court and the jury. The attor- 
ney for the defence follows. The judge then charges the 
jury, relating briefly the history of the case as it has come 
before the court, and instructing the jurors as to the law 
applying in the case before them. The judge's charge is 
listened to with close attention by the jurors, for their 
verdict is the finding of the facts in the case ; what they 
say is fact is fact. After the charge they usually retire to 
the jury-room for consultation. During their consultation 
they are subject to a strict surveillance, and cannot com- 
municate with any person save the judge. A verdict is the 
unanimous opinion of the jury. If no verdict is reached, 
the foreman of the jury announces to the judge that the 
jury cannot agree. The disagreement of the jurors usually 
puts an end to the case. If they find a verdict, they re- 
turn to the jury-box and inform the court. The foreman 
gives the verdict. In a criminal case it is "Guilty" or 
" Not guilty." In a civil case it is " For the plaintiff" or 
" For the defendant." In most civil cases the jury fixes 
the amount of damages, and the amount named is a part 
of the verdict. At the close of the session of court the 
jurymen are discharged. 

Each elector is subject to jury-service unless exempted 
by law. In some of the States persons of certain pro- 
fessions or occupations, such as clergymen, or teachers, or 
physicians, or attorneys-at-law or members of the National 
Guard, are exempted from jury service. The judge at his 
discretion may excuse a man from jury-service. A court- 
house is often frequented by men who hope to be called as 
jurymen to fill vacancies, and thus earn a small sum. 
These men are inferior to the men called by the sheriff in 
due course of law from the body of the electors, yet they 



'/•///•: conn- OF JU8TIC1 121 

often decide important case* in court People sometimes 
complain of the miscarriage of justice in out court* In 
rare instances the complaint may be ^<ll founded 
difficult to obtain a well-qualified jury. Our law* exclude 
from the jury in any case all p< rsons irho, having 
about the case, have formed any opinion in regard to it. 
A jury is Buppoeed to be absolutely free from prejud 
the case before them, It is the duty of the citixen to 
• hi jury when summoned. 

12 1 (J. Judgment, Sentence and BxooutiotL The de- 
cision of the court follows the verdict of the jury, tn civil 
cases the decision of the court is called tin 
criminal cases it is called Uu A judgment or ■ 

sentence follows the law. By force oi the judgment the 
party obtaining it seizes and Bells by the Bheriff th< 
Bona! property of the adjudged person to the amount of 
the claim fixed by the judgment [f the personal prop- 
erty is not sufficient to satisfy the debt, the real property 
of the delinquent is levied on and Bold by the Bh< riff to 
the amount of the judgment 

If* found guilty in a criminal case, the person is sen- 
tenced by the court to sutler the penalty of tin- law. A 
person sentenced to capital punishment may be respited 
or pardoned by the governor of the State. The carrying 
out o( the judgment or the sentence of the court i- the 
execution. 

217. The Appeal.— If the party who loses the suit 
thinks there has been an error of any kind in the trial, his 

attorney applies for a new trial, which, if granted, pro 
before a new jury in the same manner as when first tried. 
If a new trial is not granted, he may appeal from the de- 
cision of the COUrt to the supreme eourt of the State. The 
supreme eourt either orders a new trial in the lower eourt 
or renders a decision in the case. The decision of the 
Supreme court o( the State is final, excepting for a certain 
class o( cases designated hy the Federal Constitution; 



122 CIVIL GOVERNMENT. 

which cases may be appealed to the inferior courts of the 
United States or to the Supreme Court of the United 
States. Cases tried in the supreme court of the State or 
of the United States are usually decided by the judges 
alone, without the intervention of a jury. 

218. The Supreme Court of the United States. — The 
Constitution provides for one Supreme Court, which meets 
in the Capitol at Washington, D. C, and consists of a chief- 
justice and eight associate justices. It holds one session 
annually, beginning on the second Monday of October. A 
quorum consists of any six justices of the court, and the 
decision of a quorum is the decision of the court. It ex- 
ercises original jurisdiction in all cases affecting ambas- 
sadors, other public ministers and consuls, and those in 
which a State is a party. All other cases before it are 
cases appealed into it from State courts or from inferior 
courts of the United States. It may modify its own de- 
cisions, but its judgment is final. 

219. Inferior Courts of the United States. — The 
Constitution empowers Congress to establish United States 
courts inferior to the Supreme Court. Under this author- 
ity it has established sixty-three District Courts, nine 
Circuit Courts, nine Appellate Courts, the court of the Dis- 
trict of Columbia, Territorial Courts, the Court of Claims 
and Consular Courts.* 



* The sixty-three districts are — Alabama, New York, Texas, three each ; 
Arkansas, Florida, Georgia, Illinois, Michigan, Mississippi, Missouri, 
North Carolina, Ohio, Pennsylvania, Tennessee, Virginia and Wiscon- 
sin, two each ; other States, one each. 

The nine circuits are — 

1. Maine, New Hampshire, Massachusetts and Rhode Island. 

2. Vermont, Connecticut and New York. 

3. New Jersey, Pennsylvania and Delaware. 

4. Maryland, West Virginia, Virginia, North Carolina and South 

Carolina. 

5. Georgia, Florida, Alabama, Mississippi, Louisiana and Texas. 



124 CIVIL GOVERNMENT. 

The judges in the Federal courts are appointed by the 
President with the consent of the Senate, and hold office 
during good behavior. They may be removed from office 
on impeachment and conviction by the Senate. Any judge, 
haying attained the age of seventy years, may retire on full 
pay after ten years of consecutive service. The compensa- 
tion of the judges cannot be diminished during their ten- 
ure of office. 

220. Officers of United States Courts.— United States 
commissioners are appointed by the circuit judges to per- 
form various duties, the principal of which are to arrest 
and hold for trial persons accused of offences against the 
United States, and to assist the district and the circuit 
courts by taking testimony for use in the trial of cases. 
The number of commissioners is at the discretion of the 
judges. To aid in the administration of justice, either 

6. Ohio, Michigan, Kentucky and Tennessee. 

7. Indiana, Illinois and Wisconsin, 

8. Minnesota, Iowa, Missouri, Kansas, Arkansas, Nebraska, Colorado, 

North Dakota, South Dakota and Wyoming. 

9. California, Oregon, Nevada, Montana, Washington and Idaho. 
The District Courts, the Circuit Courts and the Appellate Courts 

were created to relieve the Supreme Court ; their jurisdiction is pre- 
scribed and regulated by Congress. The court of the District of Colum- 
bia exercises a civil and a criminal jurisdiction in that District. The 
Territorial courts exercise the same jurisdiction in the several Terri- 
tories. The court of claims meets in Washington, and has the peculiar 
duty of deciding what claims against the United States should be paid. 
The United States cannot be compelled to pay anything it owes, but 
Congress organized this court as a judicial commission to examine all 
claims against the United States and to report its decisions to Congress. 
It files its opinions with a committee of Congress, and claims found due 
by the United States are paid by order of Congress out of unexpended 
money in the Treasury. 

Consular courts are held, in some cases, by American consuls in ser- 
vice in foreign countries ; the cases decided in them are such as arise 
in commercial transactions between Americans and foreigners where the 
matters in dispute are not of a grave nature. 



THE COURTS 01 JU8T1 125 

State or Federal judges, a jusl 
tr.it. may perform the duty oi 

•vernment thus aide tl,. I t in 

am sting and examining •' m through 

the United States commissioner, or the offici - in 

his stead according to law, thai the Federal Governn 
exercis( a its pow< ndividuals. 

cising the authority of a commise 
the United States, and not 

For each of the sixty-three districts the I 
points a United States marshal and a district attorn* 
The marshal is the i \< cutive offiot r of the circuit and 
tri.t courts, with duties com sponding to I the 

Bheriflf in the county. The writ of ■ Un 
aha! has authority anywhere in the Unit 
district attorney is the law-officer of the Unit B 
the district 

821. Justice Secured under the Constitution. Bj 
the exercise of the powers given to the Supreme < "urt by 
the Constitution, the people of the United 8 ore 

lustier. The jarring interests of individuals could not be 
quieted except by the administration of law by a tribunal 
from whose decisions there can be do appeal. The United 
States Supreme Court is our court of last resort, and 
judgments have been so temp red with wisdom that it 
become in power what it has l<>nL r been in nam*-. •• the bal- 
ance-wheel in our system of government." Justice could 
not, however, be secured if the Federal Constitution could 
not be adapted from time to time to the int the 

nation as they have been recognised by the people. The 
Constitution makes provision for amendments, *>( which 
more than seven hundred have been proposed in Cong 
since 1789; the fifteen now in force were proposed by 
Congress and ratified by the State legislator 



CHAPTER XIII. 

THE PEOPLE AND THE LAND. 

222. The People. — Two permanent elements in gov- 
ernment are the people and the land. Our civil institu- 
tions began to move westward across the country soon 
after its acquisition, and chiefly in three main currents — 
a northern, a middle and a southern current. The old 
thirteen States are the parents of all the States west of 
them. There is a larger New England west of New Eng- 
land, a larger Virginia west of Virginia. Not only have 
State constitutions moved westward with the people, but 
opinions, beliefs, characteristics, morals, industries, habits 
of daily life, stories and anecdotes, educational systems, 
styles of building, systems of law, of public roads and 
of public charities, religious views, names of towns, cities 
and counties, have moved westward also. 

Any one who would understand the government of the 
people of the United States must understand the great 
law of migration : similar civil institutions folloiv lines of 
equal temperature. The customs and opinions prevailing 
in North Carolina and Georgia are not found in the North- 
west, nor are the customs and opinions of New England 
found in the South-west. 

223. The Land is the field of the people's activity. 
The use of the land is sacred to the people. The land of 
our nation will in time extend as far as the sovereign will 
of the people shall dictate. It is probable that only the 
waves of the ocean, the frozen barriers of the North and 
the torrid heat of the South will ultimately mark the 
boundaries of our national domain. 

126 



3' J^myyi-tu jie , 

i 1 ^^ = 

M ;1 A M | 




Jl^j^ /7y? n )3 ■ II ^ashin t/tari s 




THE PEOPLE AND THE LAND, 127 

B24. The Original Domain. — The map b! 
iinil domain of the thirteen States fixed by the treaty 
Paris, 1783. It shows also the various aoquisitioi 
thai time. In the old States do common systo m of public 
survey was followed, bu1 in the Westeri in that 

portion of the country known as the Public Domaii 
national system of Burvey has bet n follows d, bast d upon 
the congressional township. 

225. How the Townnhip is Formed. 
nicii! surveyors in making a Burvey first i stablish a 
pal meridian. Twenty-four principal meridians have already 
been established, the first of which was the linedivid 
( Hiio from I ndiana. 

A parallel line crossing the principal meridian at right 
angles is then established, and call* <l a 

Every six miles apart, east and wesl of th< prii 
meridian, another meridian is established, and e\ 
miles apart, north ;m<l south of th< ther 

parallel line is established. These meridians ;m<l parallels 
are called township lint i. 

The square tracts of land enclosed by the township 
lines are called congressional townships. Each townshi] 
nearly six miles Bquare; not exactly, because the eastern 
.•md western boundary-lines of the to* nship are an ridians ; 

* The congressional township is not t<> be confounded vrith th< <ivil 
township ; it is not :i political <li\ i-i.m of the county, nor has n am 
Iitical organisation. It is simply b tract of land. -i\ miles square, ineti- 
tuted to afford a convenient method of recording ami describing land. 

The survey of the Public Domain is under the control i 
and was inaugurated by i committee of the Continental C on gress in 
1785. Thomas Jefferson was chairman of this committee. The com- 
mittee recommended thai all public land should be surveyed into hun- 
dreds or townships of ten miles square. At the suggestion of James 
Monroe, the township, or hundred, as it was called, was reduced I 
miles Bquare, and the sectional subdivision of the town-hip was made 
one mile Bquare, or 640 acres, i suggestion thai gave n- our system of 
public survey. 



128 



CIVIL GOVERNMENT. 



hence, on account of their convergence toward the north 
and divergence toward the south, a township is not a per- 
fect square, and the townships would constantly decrease 



C.L. 




G.M. 
















P.M. 
































c 












































1 1 






i 
























































b 














































, 








































































































a 






d 




























1 
























/ 


/ 


1 


1 


1 


1 




' 


1 


I 


I 


1 


\ 


\ 



C.L. 



B.L. 



G.M. 



P.M. 



DrAGRAM OF A GROUP OF TOWNSHIPS, ETC. 

P. M. represents part of a principal meridian ; B. L., part of a base 
line ; G. M., part of a guide meridian ; C. L., correction lines, a is 
township 3 south, of range 2 east of the principal meridian ; b is 
township 3 north, of range 5 west of the principal meridian ; c is 
township 7 north, of range 8 west of the principal meridian; d is 
township 4 south, of range 10 west of the principal meridian. 

in size toward the north and increase in size toward the 
south as the distance from the base line increased, ulti- 
mately defeating the purpose of the survey, were it not 



THE PEOPLE AND 111 I I \\h 



129 



for correction line*, which (in the eastern the Public 

Domain) are established every twenty-four miles north 
and every thirty miles south of the base lint A 
meridian, called a guidi meridian, is tablished i 

fifty-four mil'- east and iresi of tl ipal meridian. 

By the use of tli<- correction tin* and 1 1 
the size of the township is \> stored. 

Townships are numbered in order north and south of 
the base line, and in ra I and \\- si of the prii 

meridian. 

226. Sections. Each township is divided into thirty- 
I i tion is one mil< 

tains nearly 640 acres,* divided int 







i ■ 


W ll^lll| 


line im 


rtl. 






(1 




1 




•> 


1 




7 


s 


\> 


10 


11 


]•: 


• 














- 














- 


18 


17 


16 


1'. 


1 1 




1 

-. 


18 


•J<| 


21 


'-"- 




u 


: 
















SO 


'_ >( .» 


'J x 


- : 


as 






31 


32 


38 


:;i 


36 





r->\\ Dshlp line — < «iit li 
Diagram of \ Tow nship divided into seel i<-n«. ol 

;urcs each. The Lines that bound the sections are called 

Section lilies. Sections ;MV lillinl m t; « 1 fp>!ll r.iM tO West 

;ind west to east alternately. ; 

V- the lims forming the eastern and western boundaries of the 
section converge toward the north, the section is nc4 a perfect square, 
hence tiers not contain exactly 640 acres. 
t In townships on the Public Domain established by the Government 

9 



130 



CIVIL GOVERNMENT. 



As the survey works westward, fractional or imperfect 
sections are located on the west side of the township. 
The United States surveyors locate the "corners " of the 
sections and half-mile marks between the corners. Their 
work is then completed, and a natural object or an artifi- 
cial construction, duly registered on the surveyor's field- 
book, marks the survey. 



c 
















a 










b 







Diagram of a Section divided into tracts of 40 acres each. — As- 
suming the diagram of the section to be section 6 in township 5 north, 
of range 2 west of the sixth principal meridian, lot a would be de- 
scribed as the N. W. \ of the S. W. | of Sec. 6 in township 5 north, of 
range 2 west of the sixth principal meridian ; lot b is the S. E. 5 of the 
S. W. :{ of Sec. 6 in township 5 north, of range 2 west of the sixth 
principal meridian ; lot c is the N. W. \ of the N. W. \ of Sec. 6 in 
township 5 north, of range 2 west of the sixth principal meridian, and 
may be abbreviated thus : N. W. \ of the N. W. I, Sec. 6, T. 5 N., R. 2 
W. of 6th P. M. 

By this system a deed of land may be written in a few 
words, and it is intelligible to any person. Deeds of land 
in the older thirteen States are usually long and the boun- 
daries are often obscure, the deed calling for " an oak tree " 
or " a certain pile of stones " or " a stump." Land in the 



survey, public roads are usually located on each section line, so that 
the highways of the township divide it into squares of one mile each. 
School-houses are usually located at each alternate cross-road, thus 
giving nine school-houses, two miles apart, to each township. The 
school-house stands at the centre of a school district two miles square. 



THE PEOPLE ASD I III I I YD. 131 

Public Domain is easily located and d< scribed by lii 
latitude and longitude. 

The munificence of our Government in providing land 
for the people has been an important elem< nt in I 



DlAOaAM of 8b PIOS i «»K l'i: \< I I' I in Lot LTUtO I LW1 

lion to be sec. I. township 7 north, i third princi- 

pal meridian. 

men! of the newer States. It opened the fray for a vig- 
orous, progressive and law-abiding people in regions which 
;i few years ago were wild Indian lands. 

B»7. Homesteads.— ( )n the 20th of May, 1862, Presi- 
dent Lincoln approved and signed " An ad to -« cure home- 
steads to actual settlers on the Public Domain." By this 
ad the head of a family, man or woman, or any single 
person, twenty-one yean of age, who is ;> citizen of tin 
United states, or person who 1ms declared an intention 
of becoming such, has the right to locate upon one hun- 
dred and sixty acres of unoccupied public land of the 
Public Domain. The settler must enter the land in a 
United States land-office and live continuously upon the 
land lor live years. If he is a full citizen of the United 
States and has complied with the homestead law. he will 



132 CIVIL GOVERNMENT. 

receive from the Federal Government a patent or deed for 
his land free of cost, excepting land-office fees, which are 
nominal. No person who is the proprietor of more than 
one hundred and sixty acres of land in any State or Ter- 
ritory can acquire any right under the homestead law. 

228. Pre-emptions. — One hundred and sixty acres of 
any unsold land belonging to the United States may be 
pre-empted by any citizen who is the head of a family, 
man or woman, or by any single person twenty-one years 
of age. The pre-emptor must settle upon and occupy the 
land and build a house upon it. Within thirty days from 
the pre-emption he must file a declaration of his intention 
to purchase the land. After living upon the land for one 
year continuously and improving it, he must present 
proof at the land-office of his occupancy and improvement, 
and pay for the land at the Government price, which is 
$2.50 per acre within the limits of the land granted to rail- 
roads, and SI. 25 outside of such grants. No person can 
acquire any right of pre-emption who is the proprietor of 
three hundred and twenty acres of land in any State or 
Territory, nor who quits or abandons his residence on his 
own land to reside on the public land in the same State or 
Territory. 

229. School Lands. — For the promotion of education 
the Government originally set apart Section 16 in every 
congressional township, and in 1852 Section 36 was added 
to aid in the support of public schools. These sections 
are called school sections. All the States in the Union 
have received land or land-scrip as a fund for common 
schools and for the endowment of State educational insti- 
tutions, usually for agricultural and mechanical colleges. 
The total area thus granted is about 100,000,000 acres. All 
this land is estimated to be worth at least $1.25 per acre, 
but much of it has been sold at a higher price. Never 
before in the world's history has there been such a munif- 
icent national gift for educational purposes. 



CHAPTER XIV 

THE PEOPLE AND THE MONEY. 

880. National Finance. — The industrial inl 
the people of the United 9 

rency, a national rev( Que and ;i national 93 - bank- 

ing. Congn se alone has power to coin money and I 
ulate its value, 

231. What is Money?- Ifone) value 

expressed in coin. The money of the ' 
gold and Bilver coin of the United 8 1 pre- 

cious metals are used for mone) — 

1. They easily receive and firmly retain impn - 

2. They do no1 rust ; 

.■'». They wear away bu1 Blowly; 

I. They are easily detected from other m< I 

5. They are easily alloyed and purified; 

c». They repress nt ;i large amount <>f labor in a Bmall 
compass. 

For the coinage of money Congress 1ms establ 
mints al Philadelphia, Pa., S;m Francisco, CaL, New Or- 
leans, La., and Carson City, Nev.; and assay-offi 
New York, Charlotte, N. C, Boia City, Id., and I>. 
Col. 

The coins of foreign lands usually bear an impn - 
the face o( the sovereign during whose reign they were 
coined. Tims coins become of rare interest in the study 
of history and in obtaining portraits of famous men. The 
guinea took its name from the Gold Coast o\ Africa: the 
napoleon, from the famous soldier ^\ France who first 
coined it. The coins oi the United States hear the impress 

139 



134 CIVIL GOVERNMENT. 

of the great seal of the people, a head or figure of Liberty 
and the national motto, " E Pluribus Unum." Some have 
thought that our coins should bear the impress of the 
face of the President during whose administration they are 
coined. But this would be contrary to the spirit of the 
Constitution; the people are the Government, and the 
symbol of the sovereignty of the people is therefore appro- 
priately stamped upon our coins. The unit of value in 
our coinage is the dollar. The gold coins are the two- 
and-a-half dollar piece or quarter eagle, the five-dollar 
piece or half eagle, the ten-dollar piece or eagle and the 
twenty-dollar piece or double eagle. The silver coins are 
the dollar, half-dollar, quarter-dollar and dime. There are 
also coined the bronze one-cent piece and the nickel five- 
cent piece, known as " minor coins." Our coinage is based 
upon the decimal system, and was introduced by Thomas 
Jefferson after his ministry to France.* 

232. Substitutes for Money. — The right to coin money 
carries with it the right to issue paper money. But paper 
bills are only the evidence of a credit, and are but substi- 
tutes for money. 

The United States issues several substitutes for gold and 
silver which pass, under certain restrictions, as money. 
They are all bills of credit. They consist of Treasury 
notes, national bank-notes, coin certificates and scrip 
(sometimes issued). 

At different times in our history the ordinary revenues 
of the Government have not been sufficient to meet its 
expenses. Rather than obtain funds by increased tax- 



* The die of the Goddess of Liberty used on our early coins was first 
cut by Spencer, the inventor of the Spencer lathe. He cut a medallion 
of Washington's wife, and some of the first issue of coins were struck 
with her portrait. When Washington saw them he was much dis- 
pleased, and requested that the figure be changed. Spencer then placed 
a cap on the head, altered the features a little and called it the "God- 
dess of Liberty." 



Till. PEOPLE AND THE MONET. 

. lt|(lll ( on orrowed mom > on the faith ;m<l 

credit of the United Bt 

j:;:j. Treasury Notes. — Tn-aMirv timet 

called " greenbacks/ ' are promiaet to paj made by the 
Federal Government These d 
their Bice value for all debta public and i 
elm,. - on imports and infc the public debt 

i84. National Bank-Notes. The Dotes printed by the 
Government and issued by the national bai 
tender in the payment of all dues to the Unil 



Oplfl li:in- an i.l.a thai tl | 

u sometimea said, make " Sal " mom j I I • • 
experience with each money. Dm 

United States and the Statee, haring d in and p ra ctical ly m 

began Issuing fial paper money. 1 1 1 * • paper nej of Ike States and 

of the United BCates wai printed in men immense quantities thai it 
had little value, h wan so rudely printed ss to invite easy and - 
fill counterfeiting I tod in vain 

that it irai i oommon expressioD to ipeak ol i thing haTing littk 
a- "not worth a continental," meaning i | 

money. Prices rose, and gold and silver coin went out of circulation. 
\ Kami <>!' Hour cost $1575; John Idems paid 12000 ( 
cloth.-. \- an illustration <>f the worth money, the 

following copy of an original bill, made in Philadelphia in 17^1, i-* 
interesting: 

Col. a. M« l.wi r.o't of W. N* 

1 pair boots 

Iths yds. calico at $85 per yd. 
6 ydachinti at $150 iht yd . 
i l 2hlf yds. moreen at $100 , 450.00 

4 bandkerchiefa at $100. ... 

8 yds. quality binding et$4 

1 skein of silk 1<>'". 

5.75 
If paid in specie. £18 LOs. 

That is, $2065.75 in fiat money was worth £18 10* $92.50 in gold 

coin. 

t A legal tender i- such an oiler of payment SS :i Creditor mu>t 
or forfeit his right to interest on the amount due him. 



136 CIVIL GOVERNMENT. 

except import duties, and for all dues from the United 
States except interest on the public debt. For debts be- 
tween private individuals they are not a legal tender. 

235. Currency Certificates.— Silver and gold certif- 
icates are issued by Congress on the security of the gold 
and silver dollars deposited in the Treasury of the United 
States. They are the nearest to money of any substitutes 
for money issued by the Government. They are receiv- 
able for customs, taxes and all public dues, and when so 
received may be reissued. They are a legal tender for all 
obligations, public and private, excepting that part of the 
national debt and the interest thereon that the Govern- 
ment has contracted to pay in gold coin of the United 
States. 

236. Scrip, or Fractional Currency. — Paper scrip is 
similar to a Treasury note. It has been issued occasion- 
ally by Congress in fractional parts of a dollar, but in 
recent years the smaller silver coins have taken its place. 

237. Government Bonds are evidences of indebted- 
ness issued by the Federal Government for money which 
it has borrowed or for obligations which it has assumed. 
The bonds now in existence are those bearing two per 
cent, interest, those bearing four per cent, interest, those 
bearing five per cent, interest and the Pacific Railroad 
bonds, bearing six per cent, interest * 

* In 1875, Congress authorized the issue of three classes of bonds, 
bearing interest at the rate of 5 per cent., 4.} per cent, and 4 per cent, 
respectively, to redeem bonds previously issued at a higher rate of 
interest. The right was reserved to redeem the 5-per-cent. bonds after 
July 1, 1885, tha 4^-per-cent. bonds after Sept. 1, 1891, and the 4-per- 
cent, bonds after July 1, 1907. The 5-per-cent. bonds were redeemed 
previous to Jan. 1, 1886; of the 4.]-per-cent. bonds, $250,000,000 were 
issued, of which, previous to July, 1891, there had been redeemed 
$199,130,800. During this month the Government decided that any of 
the holders of these bonds who desired might have the privilege, during 
the pleasure of the Government, of retaining them after Sept. 1, 1891, 
at 2 per cent, interest, and that those holders who desired could have 



rm: rini'ii: \m, rm; UOKl \:>,: 

B88. National Banks.— On the 20th of Pebru 
Congn i 'I the law creating the oationaJ banking 

trin. About a year later n iraa revised, and has con- 
tinued to the present time without materia] • hange. Kny 
number of persons, aof less than five, may i them- 

selves into a corporation and apply to the Gov* rnm< 
permission to become a oationaJ bank. The contribuf 
the capita] of the bank are called stockholders. I 
bolderseled the directors, and usually the dip • . t the 

president, vice-president, cashier and other employ 
the bank. The directors determine wli.n portion ofth< 
ital shall be invested in United States bonds. On d< ■ 
in- these bonds with the treasurer of the United - 
bank receives back aine-tenths the amount of the bonds 
in national currency or bank-bills, printed by th< G 
incut ;iikI issued by the bank, in Buch denominate 
the bank requires. It" tin- purchase of bonds by the bank 
amounts to 1500,000, the bank will n ■ «• m 

national Mils for circulation. This 1460,000 ia loaned by 
the bank in the course of business; tli< bank ah 
interest <>n the Government bonds it purchased. The bank 
docs a discount business by purchasing securities, Buch :is 
notes, drafts, etc*. It loans it- own issues and also the 
deposits made by its patrons. Tims a national bank is a 
bank of issno. a bank of deposit, a l>ank of discounts and 
a bank of loans. 

National hanks are required t-> create a surplus fund. 



t hoi r bonds redeemed on and after Bept 2, 1891. In lVl-niar 
$60,000,000 of .VjHT-.vnt. bonds wore issued, but at BUCfa a premium 

that the interest payable on then is only about ;; jkt rent. 

The Pacific Railroad bonds are known as u Curren They 

were issued to assist the Pacific Railroad Companies in building the 
roads, because it was believed that tin 1 building <>t" the roads would 
promote the general welfare of the people. The Government holds 
second-mortgage lions on the roads as security for the payment of the 
bonds. 



138 CIVIL GOVERNMENT. 

for which purpose the directors must set apart each year 
ten per cent, of the profits of the bank until the surplus 
fund is equal to twenty per cent, of the capital of the 
bank. This surplus fund provides the means for making 
good any losses that may occur. National banks are also 
required to maintain a reserve fund in gold and silver coin 
equal to about twenty per cent, of the capital of the bank. 
By this provision the holders of national bank-notes may 
convert them into gold and silver by presenting the notes 
to the bank that issued them. For the protection of the 
interests of the people the Government inspects each na- 
tional bank through a bank examiner, who is empowered 
to enter a national bank at any time, without notice, and 
examine its affairs. He reports the condition of the banks 
to the Comptroller of the Treasury. 

239. Advantages of National Banks. — The advan- 
tages of national banks to the people are — 

1. The bonds of the Government, which were issued as 
a substitute for money, are made the basis of a banking 
system, and are held by the Government as security for 
those who take the bank's bills. 

2. All the national banks are based upon the same sys- 
tem, and the notes of these banks are a national currency. 
The notes of a Florida national bank pass at par in 
Oregon ; if the Florida bank were a State bank, its liabil- 
ities might not be guaranteed, and its notes would pass at 
a discount proportioned to the distance they circulated 
from the bank itself. Before the creation of the national 
banking law each State had a banking system of its own, 
and the finances of the country were frequently disturbed 
by the want of uniformity. The national banking system 
of the United States is more nearly perfect than any other 
system of finance in the world. 

240. The National Debt exists in two forms — the 
interest-bearing and the non-interest-bearing debt. The 
interest-bearing debt consists of the two-per-cent, the four- 



Tin. PEOPLE AND Tin: UOSi 139 

n!.. the five-percent and the ux-p i 
niciit bonds, .iixl refunding certifii ring four pel 

ciiii The non-interest-bearing debt consists of I 
Qovemmenl bonds which have matured, but which 
have not yel been presented for payment, 
dcr notes, old demand notes, national bank-notes and 
scrip or fractional currency. A large portion ot 

i of the national debt has doubtL h been V 
destroyed, and will never be presented for paymi at 
principal and Interest of the national debt must be paid 
by the people, and payment is guaranteed by the "full 
faith and credit " of the people of the Unit* 

241. The Revenue of the United States i- derived 
from — 

1. Customs . 

2. [nternal revenue ; 
I tired i.i i . 

I. Public Lai 
5. ( Mlier boui 

The customa duties arise from the taxes on importations ; 
the number of dutiable articles is about eleven hundred 

The internal revenue is derived from tax.- on Spirits, 

tobacco, fermented Liquors and fines for violating the in- 
ternal revenue laws. The income from the public Lands 
is from sales of land, fees and Burveys. By "other 
sources" is meant the receipts of the patent-office, copy- 
rights, escheats, fines, penalties, etc 

242. Government Expenses. - The expenses of tin- 
Federal Government are — 

1. The principal and interest of the public debt ; 

2. The expenses of the Government for salari< - 

Government property, 1 1 

3. The expenses of the army and navy ; 



* The amount of the national debt, .Ian. 1, 1894 was |963,G05,917.1& 



140 CIVIL GOVERNMENT. 

4. The expenses created by the Civil War : for pensions, 

war-claims, etc. ; 

5. The expenses necessary for the support of Govern- 

ment institutions, museums, hospitals, scientific 
investigations, internal improvements, and for all 
other measures instituted to promote the general 
welfare of the people.* 

* The total revenue of the Federal Government for the fiscal year 
ending June 30, 1893, amounted to $732,871,214.78. 

The total expenditures of the Federal Government for the fiscal 
year ending June 30, 1893, amounted to $787,629,706.19. 

The excess of expenditures over receipts for the fiscal year ending 
June 30, 1893, was $54,758,491.41. 

The total amount of money in circulation Jan. 1, 1894, including 
gold, silver, gold and silver certificates, treasury notes, United States 
notes, currency certificates and national bank-notes, was $1,729,01 8,266.00. 



CHAPTER X V. 

THE CITIZEN. 

948. How Considered in American Law. A citizen 
( 8 a person born or naturalized in the United States, M< 
women and children are citizen 
have the right to vote are electors, tfati 
till any office within the gin of the people,and natur 
electora are eligible to any State or Federal office i zcept 
thai of the President and of the Vice-President Since if 
ie now possible fors member of the Cabinet to - 
the President in some contingencies, it is improbable that 
hereafter naturalized citizens will be called into tl < 
dent's Cabinet, as they have been in several administra- 
tions in the past. A citizen of the United - 
in any State of the Union ia a citizen of that B Nat- 

uralized persons first become citizens of th< United Stat 
;m ,l then by right become citizens of the State in which 
they choose to reside. The naturalization of an alien i 
uralizes hie wife and those of his children who are under 
age. The children of an alien who are born in this coun- 
try, if they continue to live here, are considered nath 
they may, however, when they become of age, elect to 
become citizena of the country of which their father 
a citizen. Children of American citizena born in foreign 
lands are considered American citizens, unless when they 
become of age they elect to become citizens of the foreign 
country. Citizena of the United States are entitled to the 
protection of the American Government Every citizen 
is horn with industrial, political, legal, Bocia] and moral 
rights and duties. 

244. An Industrial Person.— It is my right and my 

141 



142 CIVIL GOVERNMENT. 

duty as a citizen to exercise my powers industrially. In 
order to do this I require training and education, which 
are imparted to me by my parents and by the State organ- 
izing its efforts in a system of public education. Educa- 
tion is given to me as an opportunity in life at the expense 
of the community, which is taxed to support an educa- 
tional system. Schools of high grade, such as technical 
schools, colleges and universities, offer more extensive 
means for training and acquisition, but not usually at the 
expense of the State. In most of the States, however, 
exist institutions of learning of higher rank than that of 
the common school, at which, if I choose, I may obtain 
further preparation for my work in life. As an industrial 
person I should equip myself to do some necessary and 
honorable work in the world ; by training and acquisition 
protect myself against poverty and distress, and secure 
the comforts of life to those who may be dependent upon 
my efforts. My first duty is to acquire a reasonable de- 
gree of skill that shall employ me in a manner most worthy 
of my powers. Life is real, and I must be prepared to act 
my part amid its realities. Not alone training the mind by 
means of books, but manual training and actually learning 
things and men, and thinking accurately and swiftly about 
them, constitute my best preparation for the industrial life. 
245. A Political Person. — As a citizen I am a polit- 
ical person, governing and being governed. I participate 
in the life of my generation, discuss public questions, listen 
to others, join a political party which best expresses my 
conscientious views, and to the best of my ability I act 
with that party for the welfare of my locality, my State 
and my country. In order to do this I must be acquainted 
with the nature of the government of which I am a part. 
My knowledge must extend to the examination of the mo- 
tives of men, the duties of citizenship, the record of polit- 
ical parties, the consequences of political actions and the 
probable effect of those political measures which I support 



THE any. i 1 13 

or oppose. Newspapers, books, travel, inquiry, inform 
of all kinds, must be made subservient t<» thai a vm know- 
ledge of men and measures which alone oan make me > 
thinking citizen instead of an ignorant partisan, [fan 
elector,] must vote as wisely as my judgment permits, 
and I must use my individual influence to secure purity 

in elections, official li «ty and fidelity, and, abov< 

to create a wise and conscientious citizenship. This is 
ernment " of the people, by the people and for tin- 
I >< ■< » I » 1 « ■. ~ " Therefore the people must ix wise, just 
faithful 

840. A Legal Person. I person I am 

tain relations to men and to things. I indirectly make 
the laws if an elector, or directly if a legislator. I am sub- 
ject to the laws. I inherit or obtain property, and thereby 
must assume responsibilities. I stand in persona] rela- 
tions, such as husband to wife, parent to child, child to 
parent, guardian to ward, brother to sister, empl 
employer. In .-ill of these relations I am responsible f«>r 
my conduct. The ownership of property brings m< into 
direct relations with the government, because my property 
aids in continuing that government I am anxioi 
peace and prosperity, and must conduct my busin< 
cording to the Bpirit as well as to the Letter of the Laws. 1 1 
my services are demanded by the State <>r by the nation 
to carry arms for the defence <>t" my country, I must go 
willingly, and personally assist in continuing <>r in i 
in<* the blessings <>t* Liberty to my fellow-citizens. I am 

Liable to jury-service and to the duties incident to offi- 

cial service, provided 1 am called to serve in a public 
capacity. In my business relations 1 am constantly sub- 
ject to the performance of my contracts, whether i \j - 
or implied. I am responsible for the payment i>\ taj 

the local and to the State authorities. 1 have right to sue 

and to ho sued, to apnea] to the protection of the law it' I 
am injured by another, and to have a free, full, speedy 



144 CIVIL GOVERNMENT. 

and impartial trial before a jury of my peers in case I am 
the defendant in a case at law. My legal rights are jeal- 
ously guarded by the laws of the land and by the Consti- 
tution of the State and of the United States. My principal 
legal right is my equality of right with my fellow-citizens 
before the law. 

247. As a Member of Society. — As a member of a 
free society composed of my fellow-citizens I enter a large 
group of relations. There are innumerable duties and 
rights necessary to the welfare of society which must be ob- 
served by the citizen, although there may be no special law 
requiring their observance. Mere laws cannot make society 
good. Laws are not better nor wiser than the community 
which enacts them. The unwritten laws of society are 
often more potent than the written laws. Public opinion 
praises or condemns human actions. I contribute to pub- 
lic opinion by expressing my own. I influence society by 
my character, my manner of life, my opinions, my use of 
property, my treatment of others, my ideas of right and 
wrong, my entire conduct as a human being. I must there- 
fore consider the rights of society as general rather than as 
particular, as affecting masses of men rather than individ- 
uals. Society implies citizens as a community of moral 
persons. Public morals are not likely to be better than 
private morals ; public opinion is colored by the private 
opinions of energetic men and women. As a member of 
society my duties enlarge to the consideration of " Who is 
my neighbor?" I must so live that the motives and prin- 
ciples that actuate and direct my life, if applied as a rule, 
would operate for the welfare of society. 

248. As a Moral Person. — Government is moral be- 
cause the individuals who constitute it are moral in their 
nature. All that tends toward goodness and happiness 
and honor and civilization is moral. Unfortunately, there 
are criminals and evil men in human society. These 
must be controlled or removed. Prisons and jails arc as 



THE < II is i \ 1 1 ; > 

hool-housee and church - Great citii 
crowded with the vicioua and the unfortunate, whose chil- 
,!,,.,, are endangered by evil associations and irhoee train- 
ing is accidental or immoral. 

Morality ba fostered by industry, sobriety, righteous 
mikI self-government. There is something within me that 
tdls me of higher relatione than those of earth. 1 have 
aspirations for eternal life. I know thai God is; that right 
makes might ; thai morality conduct b to my w 
the welfare of society and to th< p u i of the whole ■ 
Mv moral relatione are the loftiest which I can possibly 
Bustain, because bj them I stand a brother to my fellows 
and ;i child of ( k>d. 

The chief duty of a citizen of Uu United - 
influence, and if hi it cm elector to dep 
politics and for tht education of '/<< p 
icaUy and morally. 
10 



CHAPTER XVI. 

THE PEOPLE IN POLITICS. 

249. Distrust of the People.— The only experiment in 
human history of popular government on a grand scale is 
the Government of the people of the United States. At the 
time of its organization the people of Europe disagreed as 
to the probable result of the experiment. Few believed 
that the new Republic would long survive the shocks inci- 
dent to so novel an undertaking. Could a Government so 
constituted long endure ? Would it not fall a prey to party 
greed, to factions, to political conspiracies or to the riot of 
the mob? Were the masses capable of self-government? 
Could the people be trusted to secure and to maintain 
their own substantial happiness ? Could the governing and 
the governed become the same without the overthrow of 
all government? These questions, and many others like 
them, were asked a hundred years ago when the Govern- 
ment of the people of the United States began. In ancient 
times there were republics, such as Greece, and during 
the Middle Ages, such as those in Italy ; but these repub- 
lics decayed, and their very names are almost forgotten. 

250. Influence of Traditions. — What has prevented 
the decay of the Government of the people of the United 
States? 

Perhaps the first answer is, We did not break away en- 
tirely from our traditions when we organized a government 
for ourselves. An enduring government is composed of 
many elements, all of which may be arranged in two 
classes : those which are institutional, and those which 
are constitutional. The institutional elements are those 

146 



THE PEOPLE IN P0LI1 1 W 

w | 11( .|, enter into the way of life habitual to the people-- 
their manner of thinking, their locial institutio 
Bchoola and their churches, their booki and th< ir p 
their industries and their amusement* I §titu- 

tional elements are political: they are such ek m at 
gather about great public question*, method* of gov< rn- 
,,.,,, f repr. --in- or of removing 'run. a and evils, 
of protecting inti * ' and rights, and of * 
righte for the general srelfrre. Our tradition! ai a p< 
aided as in developing our institution* from th< 
without b seriouB break ; Europe instructed us in art and 
science, but we were obliged to form our itions 

chiefly by our own political experience. Fortunately for 
us, the men who were prominent in or g a nisin g our l 
eminent were conservative men. They sr< n influ< 
by two Bysteme of government at thai time attracting the 
attention of the world : the English system of a constitu- 
tional monarchy, and the French Bystem of a vain d dem- 
ocracy then advocated by French political writers. They 
adopted a Bystem of representative democracy, which em- 
bodied the best elements ofboth ; and to this day the chief 
executive and the Senate, by the Bystem of indirect • lection 
by the people, and the judiciary of the United Stat 
Federal appointment, continue the conservative elements 
peculiar to the English Government to which our fathers 
had been accustomed for many years. In the choi< 
our Local officers, our State officers, and members of the 
national House of Representatives we approach cloe 
a democracy, but the approach is by tl. of repre- 

sentation. Thus our Government, whethei S >r na- 

tional, is a representative democracy. 

B51. Political Experience.— Purine the century mis- 
takes have doubtless been made, but the general tendency 
o( political affairs has been to promote the welfare of the 
people. 

During the earlier years of our history the Constitution 



148 CIVIL GOVERNMENT. 

of the United States was the sole guide of our political 
leaders. It was then unincumbered by party interpreta- 
tions and collateral growths. It was the text of an instru- 
ment awaiting interpretation by the will of the people. 
That interpretation has slowly grown with our national 
growth, and as we enter upon the second century of our 
history we possess a political experience which will aid us 
in avoiding many possible dangers of the future. 

252. Equality Before the Law. — In a popular gov- 
ernment, if one citizen suffers unjustly the rights of all are 
endangered. Equality before the law is the inborn right 
of every American citizen. Any element in our national 
life which endangers that fundamental right endangers our 
whole frame of government. The principal object of any 
organized government is to secure to the citizen his rights, 
to protect them, and so to constitute the public mind that 
nothing less than complete security and perfect protection 
will satisfy the conscience of the nation. All political 
combinations, all rings and monopolies, all corporations 
and social arrangements, which endanger the equal rights 
of each citizen before the law, must be torn up by the roots 
and cast away. 

253. Origin of Political Parties. — On public ques- 
tions, however, all men do not and cannot think alike. 
The very function of government is always in dispute. 
Shall the Federal Government be extended so as to include 
practically all local government under the excuse of pro- 
moting the general welfare? Shall the Federal Govern- 
ment limit itself wholly to administrative duties, attempting 
nothing for the individual citizen, but leaving his interests 
entirely to the care of the State? Shall the Federal Gov- 
ernment be made paternal in its relations to the people? 
On these fundamental questions the people have widely 
differed. Political parties have sprung up among them, 
and have at last become so characteristic of popular gov- 
ernment in this country that it is practically impossible 



THE PEOPLE th POM 1 19 

to conduct our Government without tin- intervention of 
them. A political party is an organised body of men act- 
ing together to accomplish certain result* in matt 
government. 

854. Contrasts and Comparisons. When Washing- 
ton was first chosi n Pn sident political p 1 not 
exist in the country, but they began during I 
term. Then, and for nearly a quart r of a o Qtuij 
political parties were Local rather than national in d 
ter. The means for intercommunication wrere so imj • 
that it was impossible for men living in distant pai 
ountry to organize and to transact political bus 
wiili harmony and dispatch. Political parties have i» 
organized forces in this country just as the means for com- 
munication between different parts of th< country have 
been perfected. The age of post I «• way to the 
age of coaches; coaches were displaced by canals, and 
canals by railroad- and telegraphs. When Hamilton was 
the leader of the Federal party in 1800, it t < »< »k three 
months t«> carry hi- views to men «'i' the same mind in 
distant Georgia, so difficult was tin- journey from N 
York to Savannah. To-day, the view- of a national com- 
mittee in New York arc known in a few minutes U 

veston or in San Francisco. In Hamilton's day only the 
Leaders participated in politics ; the majority of men w< re 
disqualified by poverty or deterred by lack <>t' ii I 
from voting. 'Plic electors then voted m-n l>t in 

a few States which, like Massachusetts, had introduced 

the ballot. Now the llsr of the balloi is lllhv. r>al. religious 

and property qualifications have disappeared, and a man 
has the right to vote because he is a man. 

>2:,?,. The Organization of Political Parties. — With 
the more perfect means of communication of ideas in the 
land, political parties have become more perfectly organ- 

Bee \ 73, p. 44. 



150 CIVIL GOVERNMENT. 

ized, until the perfection of party organization has occa- 
sioned the use of the word " machine " as descriptive of 
party methods. Each party is ruled by its committees, 
which begin in the township, the ward and the town. The 
ward committee sends a delegate to the convention of 
ward committees, and the city or county committee is 
chosen by the convention. County and city committees 
send delegates to State conventions, and State committees 
are chosen. The State committees are instrumental in 
choosing the greatest committee of all, the national com- 
mittee, which usually directs a Presidential campaign, 
disburses the party funds, distributes the party speakers, 
and assists the various State committees whenever it is 
necessary. The work of the party machine is so concealed 
from public attention that even in the midst of a campaign 
it is scarcely detected. So strong is the power of a polit- 
ical party that it sometimes invades individual rights and 
attempts to dictate how individuals shall vote. Individual 
duty and party obligations sometimes conflict ; the only 
safe guide for the individual is his conscience. 

256. Party Influences. — Political parties have become 
mighty forces amongst us. They have grown with our 
growth as a people ; they support influential newspapers ; 
they print millions of political pamphlets and scatter them 
over the land. Books, magazines, public addresses on all 
phases of public questions, keep the people familiar with 
the various views of the leading minds of the country. 
Steam, electricity, industrial and commercial interests, 
bring the people into close political relations. It follows 
that the people divide into two great parties, which are 
to-day so closely balanced that the change of a thousand 
votes in a doubtful State may decide the result in a Presi- 
dential election. A small popular majority in a national 
election is evidence that the people are so equally divided 
in sentiment that they are about as willing to trust one 
party with power as the other. Political parties in the 



THE PEOPLE TN POLITi I-"' 1 

days of tin ir strength have been moderate in the Unto d 
States. President Hayes became President by a majority 
f one vote in the electoral college 
tempi to prevent bis peaceful inauguration into office. It 
is doubtful whether in a Bimilar case during the first sixty 
yean of oui history the opposing party would have al- 
lowed a President to be inducted into office. 

i»:>7. Americans Conservative.— Tl 11 
change in public sentiment is found in tl..- growth oi 
spirit of conservatism in the United 
conservative people, although fon ign ol no4 

always detect that element in our national eh 
Since Presidi ut Jackson's administration the Governn* at 

f the United States has bee • more democratic, the 

popular vote has reached its rail strength, and the people 
participate closely in the determination ol all import 
political issues. American conservatism is plain 
in the respect for the law which ia so eharacfa ristic ol the 
people. Although a Law may be bad, the people act on 
the principle that the best way to get rid of a bad law is 
to enforce it. 

258. Political Issues.— Tin- numerous public 
tions on which at various times the people have divided 
have taken significance from their intrinsic nature or from 
the times and circumstances under which they have ariai a. 
The settlement of some of these issues has decided the 
character of the nation. Of these issues the most import- 
ant were— the Assumption of the Revolutionary debt, the 
National Banking System. Internal Improvements, the 
Acquisition of Territory, Commercial [lights on the High 
Seas and the Payment of the National Debt 

National issues usually heroine State iflSUeS SB w.ll. he- 

eanse an elector in the United States is usually a party- 
man even in local polities ; he supports his party candidate 
tor school director with as much seal as he supports his 
party candidate for Congress, On political issues political 



152 CIVIL GOVERNMENT. 

parties have not always maintained opposite doctrines. 
One party may favor internal improvements under one 
system, the other party favor it under another. 

259. Platforms and Planks. — Each party usually for- 
mulates its opinions somewhat loosely in a series of res- 
olutions called a " platform," passed by a party political 
convention. Each resolution is called a " plank." Party 
platforms do not always state the full intentions of the 
party, but every member of the party understands or 
claims to understand them. The campaign opens, the 
appeal is made to the people, the ballots are cast and 
counted ; the issue is settled until another election may 
again bring it forward for popular decision. The victori- 
ous party is the organ chosen by the people by which to 
administer the Government for a limited time. 

260. Politics and the Constitution. — Foreigners who 
study our Government are apt to construe all our politics 
by our written constitutions, forgetting that our party pol- 
itics take up questions which we consider entirely outside 
of the Constitution. The Constitution says nothing about 
a tariff, although it mentions " taxes, duties, imposts and 
excises." A tariff bill is a revenue bill, and the principal 
issue between the two great parties in 1892 was simply a 
question of Government revenue. The question then was 
not, " Shall the Government have a revenue ?" but, " How 
shall the revenue be raised?" The constitutionality of a 
tariff was settled during the first Congress; the expediency 
of a tariff or how much tariff or on what articles may 
become a question at any national election. 

261. Function of Parties. — By means of political 
parties the people become closely familiar with the admin- 
istration of their Government. They become acquainted 
with its wants, its scope and its character. They see that 
the Government is the will of the majority expressed by 
the administration in power. If the party in power makes 
bad use of the trust imposed upon it, it is turned out of 



Till PEOPLE /.v POhtk lo3 

office ;it the next election and the people try the other 
party. The responsibility to the people of the p 
ducting the Government ifl direct, and ifl fell in the d 
life of each citizen, [fmy letters go wrong, I complain to 
the postmaster ; if they continue togo wrong I oomplain 
to the Postmaster-CK oeraL I blame the party in p 
represented by the President, and to th< bility 

l age my influence to prevent the continuation of thai 
party in power My reason for opposing that party may 
be utter folly to another man, but if my reason can be 
formulated in a party principle, I usually find many of 
my fellow-citizena who with me. It I doubt the 

wisdom of the party's action in (mult.—. I woi 
that party when an election occurs. Thus it follows thai 

private citizen, joining with other private cil 
may change the administration. 

overnment like our own, based upon a free people 
acting through political parties constituted and organised 
out of its own body, is a government in which it- whole 
responsibility rests upon the citizen. I am responsible 
with my fellow-citizens for the political condition of a 
I. a private citizen, exercising my rights and performing 
my duties, with the aid of my fellow-citin rmine 

the life and character of the Government of which 1 am ■ 
constituent part. 

12(»2. Political Reforms. — The people have not always 
taken the lead in great reforms. Too often the i 
slow to detect the tendency of affaire and the i 
of the times. Leaders have then come forward: evil after 

evil has been exposed and attacked; the people have lis- 
tened, have thought, and at last have aeted. Then the 

party of reform becomes the party administering th< 
eminent, and the nation reaches a loftier moral height than 
before. And it has happened that a party has changed its 

opinions, and after many years has become the defender 
of views which it opposed when first presented. Political 



154 CIVIL GOVERNMENT. 

parties in this country arc a correct indication of the pub- 
lic mind. 

263. Mobs and Courtesies. — With the changes in the 
social, industrial aiid moral life of the people a change has 
occurred in their political life. In early days the members 
of different political parties wore badges and hats and 
ribbons as party-marks. Political differences then were 
occasion for constant broils between individuals, and even 
the cause of fatal duels, as in the case of Hamilton. Mem- 
bers of different political parties then were disrespectful to 
each other in the street, lampooned each other through the 
newspapers, attacked each other's political headquarters 
and wantonly destroyed each other's property. Party 
rancor invaded the courts of justice and animated the 
judges against political offenders because of party opin- 
ions. The press was violent in its tone, and political 
pamphlets of an abusive nature were issued. The masses 
were ignorant, passionate and easily aroused. Political 
processions were common occasions for serious riots ; the 
polling-place was too often the scene of disorder. But 
with the increase of knowledge among the people political 
life has changed. No longer are riot and abuse and vio- 
lence and judicial partisanship found. The whole feeling 
and thought of the people have been modified. In the 
city of Philadelphia, during a recent Presidential cam- 
paign, a Democratic procession accidentally came in contact 
with a Republican procession. On the same spot, nearly 
a century ago, Federalists and Anti-federalists had met in 
a bloody riot during the excitement of a Presidential cam- 
paign; but now with orderly presence and with hearty 
cheers the men in the Republican lines saluted their fel- 
low-citizens of the opposite party, and opened their lines 
to allow them to pass ; and the salute was returned with 
generous courtesy by the men in the Democratic lines. 
It is a mistake to think that politics are wprse to-day than 
in the days of our fathers ; the politics of to-day are purer, 



THE PEOPLE /.v POLTk 165 

i leaner and better than the politics of the i arlj d 
the Republic. With the liberalization of id« ime 

a liberalization of politics; not yel perfectly, for then 
\<t much in our politics thai n< >rm. Upon the 

individual citizen rests the responsibility of purity in i 
lions, purity in party politics and honesty in the admin- 
istration of government 

864. Liberty Enlightening- the World. In the har- 
bor <>f the city of New York may be Been t ; of 

"Liberty Enlightening the World," a splendid gift from 
the people of Prance to the people of the I n;t< d 8 
At night the uplifted torch, held high for the guid 

sels, casts its friendly Light for many l< r out to 

sea. Typical of the friendship of two powerful i » .- 1 1 i < n i - 
modern times, it is typical also of thai Bublime aspirat 
now so universal in the world, the love of liberty. Stand- 
ing in the highway of the world's commerce, i I - 
the spirit which controls the worldwide interests of the 
people of the United States and the int. rests of the other 
civilized nations of modern times. () n« touch of human 
brotherhood makes the world akin: one simple word of 
English Bpeech signifies the Bublime purj >un- 

dation of popular government in thi- Western World. 
Fa it 1 1 inl to the tradition- of the past, mindful of the teach- 
ings of our Gathers, keenly vigilant to the dangers that 
besel us, conservative in our thoughts and in our n 
faithful to each other, to ourselves and to God, we, the 
people of the United States, may transmit to our posterity 
a Government which shall continue to the latesl day of the 
children o( men. 




LIBERTY ENLIGHTENING THE WOKLD. 



CHAPTER XVII 

THK NATION. 

965. The Elements of the Natioi I '• i 

ti l( . Land. The Nation has human nature for its founda- 
tion men in political, industrial, moral and social 
ciation. The Nation is a moral organic whole, not i 
confederation of individuals as .1 In ap of Band 
accumulation of individual grains. Th< Nation isdist 
from a mob, a party, a faction, or an 1 n of indi- 

viduals. Ii is distinct from the offices required for the 
formal expression of its government It is distinct 
its constitutions and it- treaties. It is the people, not 
merely as enumerated in the census, but as a moral unity. 
One pace, one land, one law, make a Nation. 

206. The Nation Different from the State.— Tin- 
Slate is a political division of the Nation : it is a p 
the whole political life of the people. Each State has 
local interests equal in importance with those of other 
States, but limited chiefly to the people of that State. 
The interests of the Nation are unrestricted by 
boundaries, and are comprehensive, The rights of the 
Nation are true of all itfl citizens, the political people; 
the rights of the State arc true Btrictly of the people who 
comprise that State. Therefore the Nation has a broader 
foundation than the State because its rights are the most 
comprehensive rights <>t* the people. The sovereignty of 

the State is local ; the sovereignty of the Nation is general. 

There need be no collision of these two authorities: 
of them is an expression o\' the will of the people. The 
two sovereignties are two expressions of the association oi 

iff 



158 CIVIL GOVERNMENT. 

rights and interests. Nor are these interests of State and 
of Nation far remote from each other ; they unite in the 
citizen. As a citizen of a State I am interested in things 
immediately near me ; I am interested in the choice of 
local officers, in the honesty of the assessor of taxes and 
in his sound judgment; in the construction of strong 
bridges and durable roads in the township in which I. live ; 
or, if I live in a city, I am interested in having an abun- 
dance of pure water, in having clean streets and sanitary 
drainage, in the protection of property from fire and flood, 
and in many other local matters. 

As a citizen of the Nation I am interested in the general 
welfare of the whole land ; in the policy of the Federal 
Government ; in the survey of the public domain ; in the 
uniformity of the currency, in banking operations, in 
postal facilities, and in the political rights of all citizens 
of the United States. I am interested in our relations 
with foreign nations, as in trade, commerce, social inter- 
course, the peace of nations and the civilization of man. 

As a citizen of the State I am bound by local ties ; as a 
citizen of the Nation I partake of one of the highest of 
sovereignties and am one of a company of sovereigns. 
This national sovereignty becomes of highest concern to 
us as Americans, because it is founded upon free men ; 
it exists by the consent and with the constant aid of a free 
people. The Nation thus becomes a personality moving 
in a larger field than the State. It becomes the embodi- 
ment of rights, of freedom, of law, of individuality, of the 
family, of morality. 

267. The Sovereignty of the Nation. — The Nation 
alone is sovereign. Its will is expressed from time to time 
by its chosen representatives acting together in convention. 
The Nation is older than the written Constitution. As a 
sovereign it determines for itself its aim and its object in 
history. Tt declares its will and embodies its spirit in its 
institutions. Its sovereign rights are those of self-preserva- 



THE NATION. 

Hon, the power to declare war and toconclud< 

enter into treatiei with other cations, to coin money and 

to exercise the right of eminent domain. N<» j 

be greater than these. They identify the Nation 

scions moral being. A- a sovereign the Nation i nU re into 

relations with other cations by tn I thm 

made becomes a part of the Biipremi Lai land. 

[nternational law is thus made possible by the comity <>f 

nations, and individuals may partake of the !•< w lit- thus 

eonferred by solemn agreements between tl i 

868. The Nation and the Citizen. 
the citizen ie aecessary to the existence of th( Nation, and 

the Nation is aecessary totheexistei f the citizen. The 

Nation is not apart from the citizen; he is in and of the 
Nation. In it and through it he n aliz< ind is 

protected in them. The individual is a mora] pt 
is the Nation. Each has a Ian peculiar to its own 
Both have an origin by the will of God, and each moves 
in the w«>rl<l as a moral power. Society ie thus compos* d 
of moral elements ; "Man is born a citizen.*' The citizen 
has his own destiny to work out consistent with the moral 
order of the world. All he can realize is mad. possible to 
him by his own nature, and he i- responsible for the i *< r- 
eise ofhis <>wn powers. When every citizen, conscious of 
his industrial, his political, his Bocial and his moral respon- 
sibilities, lives consistent with the laws of his moral nature. 

then, and not till then, has the Nation its full Btrength and 
the citizen a realization of a complete lite. The Nation 
complements the moral activities of the citizen, and insti- 
tutes and maintains tor his benefit a field tor his P 
able activities and his moral development The Nation is 
thus hound to educate the citizen harmoniously, offering 
him opportunities lor industrial, political, social and moral 
training. It has as a constant function the placing within 
his reach the realization of his loftiest hopes and Ins moral 
purposes, and to exalt his manhood and ennoble human 



160 CIVIL GOVERNMENT. 

life with human sympathy and brotherly affection. The 
majesty of law, the authority of Government, the solemn 
declarations of treaties and constitutions, gather like a bene- 
diction on the sacredness of the family and the home. 

269. The Foes of the Nation are those who would 
resolve it into selfish, warring, individual elements, and 
those who would raise the arbitrary will of an individual 
into supremacy. One would disintegrate the Nation ; the 
other w r ould change it into a monarchy ; one is destructive 
of the moral unity of the Nation ; the other destroys the 
freedom of the people.* 



* Communism, Socialism, Nihilism and Anarchism are elements of 
danger to the Nation. 

Communism seeks social perfection in a putting in common of 
persons and of things; it destroys the family and private property. It 
attacks the foundations of modern society. 

Socialism seeks to modify all existing laws, manners, customs and 
guarantees of person and of property, and to reorganize society entirely 
upon a different basis. The reforms suggested by Socialists have been 
dictated by every fancy, and usually have been destructive of all civil 
government, Socialism is government by a committee, and all Socialists 
wish to be on the committee. 

Nihilism, as the name signifies, is the negation of all government. 
It seeks to overthrow all existing civil government by assassination, 
dynamite bombs or revolutionary measures of any kind. Nihilism is 
the organization of revolt against the autocracy and enthroned selfish- 
ness of absolute monarchy. The political exiles in Siberia are princi- 
pally Nihilists. Anarchism and Nihilism are practically the same 
forms of lawlessness. 

Societies and individuals holding and teaching ideas destructive to 
the welfare of our country have within recent years caused riot and 
bloodshed in several of our great cities. Without doubt, the people of 
the United States harbor foreigners who hold political ideas wholly at 
war with those which lie at the foundation of our free Government, 
It is the duty of every American citizen to know his rights and to per- 
form his duties; to understand the privileges of his own government; 
to carry out its humane principles; and to eradicate, by lawful means, 
all influences injurious to the peace and welfare of his native land. 



Tin: .v i TION 

J7<>. The Nation the Permanent Element in 
tory. — The Nation alone is permanent ; it is as old 
tory. Governments are the passing fonni ity. 

The missi >f the Nation on the earth 

man, to exall humanity, to reali» a divine ia\ a amo 
men. God rules in the affaire of men ; he is the 1 1 
nations also. Centuries pass ; dm w I 
,, rW voices are heard over th< earth; other hands lab 
and other men enter Into their labors with the glorj 
new duties and the enthusiasm of the • 
rights. A pure morality, a loftj statesmanship, a sacri- 
ficial devotion among the p< ople to the i 
of citizenship, alone keep the Nation from I 

linn and discovery ameliorate the condition of m< 
ence and arl enlarge the bounds of human kno but 

the Nation alone as a moral power in the world a 
on the work of history. " The Nation is formed at 
power <>n the earth. It i- invest -1 with po? 
its authority is conveyed through do intermediate hands, 
but is given of God. It i- clothed with His majesty on 
the earth." 

*JT1. The National Flap and Seal lymbol of 

the Nation is the flag; tin' evidena "t' the authenticity 
its decrees i> the -tv.ii seal. To an American the flag of 
his country is an object of veneration ; to the peopl 
other lands it is the symbol of liberty, union, p ace, hap- 
piness and prosperity. Wherever the flag floats the v. 
of the Nation is heard, and the imprint ofth< al is 

the solemn proof of its message. The honor of the Nation 
is the honor of its flag. 

2T2. The People of the United States. -To the peo- 
ple of the United States are entrusted the sacred int. i 
of government. Each citizen is the keeper in trusl of the 
happiness of himself and <A° those who will come after 
him. The people are the Nation, and they are to work out 
on earth the realisation o\ human rights, industrially. 
u 



162 CIVIL GOVERNMENT. 

politically, socially and morally. As the Nation is the 
power that alone realizes the ends and purposes of govern- 
ment, it is by understanding the Nation that we learn the 
rights and duties of American citizenship. It is for the 
nations of moderm times to realize the hopes of human- 
ity, to be the answer to the prayers of the ages. Popular 
government is the great experiment of history. The voy- 
age is already begun. We cannot turn back. We are one 
of an argosy of nations moving toward the freedom of 
humanity. 



" Thou, too, sail on, O Ship of State ! 
Sail on, O Union strong and great ! 

Humanity, with all its fears, . 

With all the hopes of future years, 
Is hanging breathless on thy fate ! 

We know what Master laid thy keel, 

What workmen wrought thy ribs of steel, 
Who made each mast, and sail and rope, 

What anvils rang, what hammers beat, 

In what a forge and what a heat 
Were shaped the anchors of thy hope. 

" Fear not each sudden sound and shock : 

Tis of the wave, and not the rock ; 

Tis but the flapping of the sail, 

And not a rent made by the gale. 

In spite of rock and tempest roar, 

In spite of false lights on the shore, 

Sail on, nor fear to breast the sea. 

Our hearts, our hopes, are all with thee: 

Our hearts, our hopes, our prayers, our tears, 
Our faith triumphant o'er our fears, 

Are all with thee— are all with thee." 




Pari- IV. 






STATE PAPERS 



". / lawyer lecturing on the Constitution of the 
United States would necessarily ttartfrom thi 
stitution itself. But he would soon tei that thi 
oles of the Constitution required a know 
tlir Articles of Confederation; tliat the opinioi 
Washington, of Hamilton, and generally of the 
'Fathers,' as one sometime* heart them <'<iih<1 in 
America^ threw li'jlit on tlir meaning vrious 

constitutional articles," Dicey. 

"The Government of th< People of the Uniti 
can be best understood by examining, at first hand, 
the institution* and the constitutions of thi Amer- 
ican people. Every American citizen has thi 
timable and peculiar priv\ f examining 

himself the sources of the Government under which 
he lives. 'If is only religion and morals and know- 
ledge that can make mm respectable and happy 
under any /'arm of government." 1 '— "W kbstbb. 

163 



STATE PAPERS 



THE MAYFLOWER COMPACT, 1620.* 

In the name of God, Amen ; We, whose names are 
underwritten, the loyall subjects of our dread soveraigne 
King James, by the grace of God, of Great Britaine 

* Among the Pilgrims were some lawless adventurers who thought 
that as soon as they came ashore they could do as they pleased, and 
that no one would have power to restrain them, because the patent 
under which the Pilgrims came was for Virginia, not for New England, 
which was governed by another company. But the men who made the 
Mayflower compact embodied the best tendencies and traditions of Eng- 
lish government, and now, tried by the demands of a primitive state of 
society, were equal to them. Although the king's government was far 
away, the law-abiding men among the colonists at once associated them- 
selves together under a form of government based upon the popular 
will, and lawlessness was quickly restrained or punished. The first 
American constitution was then made. 

" That wild fellow, John Billington, and others from London have 
been obliged to behave themselves on shipboard ; but, now that they 
are about to land; declare that they will do as they please. John Car- 
ver will have no authority on shore ; they will be in the king's domain, 
and John Carver holds no commission from the king, nor have the 
Pilgrims any charter. The Pilgrims will see about that. They are 
men who respect law and order, and intend to have order in their com- 
munity. It is their right— not derived from the king, but a natural 
right. In the cabin of the ship they sign their names to a solemn cov- 
enant." — Coffin. 

"This instrument was signed by the whole body of men, forty-one in 
number, who, with their families, constituted the one hundred and two, 
the whole colony, ' the proper democracy ' that arrived in New Eng- 
land. Here was the birth of popular constitutional liberty. In the 
cabin of the Mayflower humanity recovered its rights, and instituted 
government on the basis of 'equal laws' enacted by all the people for 
the general good." — Bancroft. 
164 



THE HA YFLOWER COMPAi W6 

Pram e, and Ireland King, d< f nd r of the I 

haveing undertaken, for the gl God, and 

mente of the Christian faith and honor of our Icing and 

countrie, a voyage to plant th* I 

erne parts of Virginia, doe, by thi mnly 

and mutually, in the pi -I, ami one of an 

covenant and combine ourseh civill 

body politick, for our better ordering and pr 

and furtherance of the ends I; and, by vertue 

heareof, to enacte, constitute, and frame, such just and 

equal! laws, ordenan< ostiturJons and ofl 

from time to time, as shall be thought most : 

convenient for th ill good of tin- Colonie. 

which we promise all due submission and obedience. In 
witnes whereof we have hereunder subs >ur names, 

at Cap Codd, the iitli of November, in the year of the 
raigne of our sovereigne lord, King Jamc land, 

France, and Ireland the eighteenth, and of Scotland the 
fifty-fourth, Anno Domini, i< 



THE FIRST DECLARATION OF RIGHTS.* 

Resolves of the Convention of the English Colonies at New 
York, October 19, 1765. 

The Congress, upon mature deliberation, agreed to the 
following declarations of the rights and grievances of the 
colonists in America : 

The members of this congress, sincerely devoted, with 
the warmest sentiments of affection and duty, to His 
Majesty's person and government, inviolably attached 
to the present happy establishment of the Protestant 
succession, and with minds deeply impressed by a sense 
of the present and impending misfortunes of the British 
colonies on this continent; having considered as ma- 
turely as time will permit, the circumstances of the said 
colonies, esteem it our indispensable duty to make the 
following declarations of our humble opinion respecting 
the most essential rights and liberties of the colonists 
and of the grievances under which they labor by reason 
of the several late acts of Parliament. 

* From 1620 to 1765 the people of the colonies increased rapidly in 
numbers and in wealth. Their own interests and their relations with 
the mother-country became more complex. The English Government 
trespassed repeatedly upon the natural and the constitutional rights of 
the Americans, until, at the suggestion of the Massachusetts legislature, 
a congress of representatives from nine of the colonies met at the City- 
hall, New York, October 7, 1765, by whom a Declaration of Rights, 
setting forth the liberties of the colonies, was issued. The people were 
still loyal subjects of the Crown. They were a conservative people, 
proud of their traditions and calmly asserting their ancient and undoubted 
rights. The declaration was the dignified appeal of a liberty-loving 
people to the king, that he should protect them in their rights. 
166 



THE FIRST DECLARATION "J RIQh Wl 

i. That His Ma ft tl 

tine allegiance to the crown ofGi in, that i^ 

owing from his subjects born within the realn 

due subordination to thai :>'. the Parliament 

of Great Britain. 

2. That His Majesty's Liege subjects, in these c >1 
ntitled to all the inherent rights and Lib rt 

his natural-horn subjects within the k 
Britain. 

3. That it is inseparably essential to th 
a people, and the undoubted right of ; 

no taxes be imposed <>n them but with their own con- 
sent, given personally, or by their rep; 

4. That the people of tli and from 
their local circumstances cannot DC, represented in the 

House of Commons, in Great Britain. 

5. That the only representatives of the people oft 

colonies, are persons chosen therein by th ; and 

that no taxes ever have 1> n>titutionally 

imposed ^\\ them, but by tin 

6. That all supplies to the Crown, being the free 

of the people, it is unreasonable and inconsistent with 
the principles and spirit o( the British constitution, for 

the people of Great Britain to grant to His Majesty, the 
property o( the colonists. 

7. That trial by jury is the inherent and invaluable 
right of every British subject in these color. 

8. That the late act o\ Parliament, entitled "An act 
for granting and applying certain stamp duties, and 
other duties in the British colonies and plantations, in 
America, etc." by imposing taxes on the inhabitants of 
these colonies, and the said act, and several other acts, by 
extending the jurisdiction o( the courts of admiralty be- 



168 CIVIL GOVERNMENT. 

yond its ancient limits, have a manifest tendency to sub- 
vert the rights and liberties of the colonists. 

9. That the duties imposed by several late acts of Par- 
liament, from the peculiar circumstances of these col- 
onies, will be extremely burthensome and grievous, and 
from the scarcity of specie, the payment of them abso- 
lutely impracticable. 

10. That as the profits of the trade of these colonies 
ultimately centre in Great Britain, to pay for the manu- 
factures which they are obliged to take from thence, they 
eventually contribute very largely to all supplies granted 
there to the Crown. 

11. That the restrictions imposed by several late acts 
of Parliament on the trade of these colonies, will render 
them unable to purchase the manufactures of Great 
Britain. 

12. That the increase, prosperity, and happiness of 
these colonies depend on the full and free enjoyments of 
their rights and liberties, and an intercourse with Great 
Britain, mutually affectionate and advantageous. 

13. That it is the right of the British subjects in these 
colonies to petition the King, or either house of Parlia- 
ment. 

Lastly, That it is the indispensable duty of these col- 
onies, to the best of sovereigns, to the mother country, 
and to themselves, to endeavor by a loyal and dutiful 
address to His Majesty, and humble applications to both 
houses of Parliament, to procure the repeal of the act 
for granting and applying certain stamp duties, of all 
clauses of any other acts of Parliament, whereby the 
jurisdiction of the admiralty is extended, as aforesaid, 
and of the other late acts for the restriction of American 
commerce. 



THE DECLARATION OF INDEPENDENCE— 

■ ;:■ 

l\ Congress, July 4. 17 

'Ilic unanimous Declaration ef the thirteen States 

of America, 

When in the Course of human events, it 

for oik- pcopK- to dissolve the political bands 
which have connected them with another, anil to assume 
among the Towers of the earth, the separate and equal 

station to which the Laws of Nature and of Natnn 
entitle them, a decent respect to the Opinions of mankind 

requires thai they .should declare the causes which impel 
them to the separation 

We hold these truths to he self-evident, that all men 
are created equal, that they are endowed by their l 
tor with certain inalienable Rights, that among these are 
Life, Libert)' and the pursuit iA Happiness. That to 

secure these rights, Governments are instituted among 

Men, deriving their just powers from the consent o\ the 
governed, That whenever any Form of Government be- 

*The Declaration of Rights was unheeded by the king; the Liberties 
of the people were set at naughl by the British Parliament; and the 
Americana were forced, in self-preservation, "to assume among the 
powers o( the earth" the character and position o\ an independent 
nation. The conservative character of the people was again illustrated 
in the calm and dignified spirit of the great Mate paper which WSfl 
to the world. It was the formal declaration o\ political opinions long 
current in America, and constitutes the first national paper in our his- 
tory. By its promulgation popular government on a grand acale began. 
The people of the colonies declared themselves a new nation. 

1 89 



170 CIVIL GOVERNMENT. 

comes destructive of these ends, it is the Right of the 
People to alter or to abolish it, and to institute new Gov- 
ernment, laying its foundation on such principles and 
organizing its powers in such form, as to them shall 
seem most likely to effect their Safety and Happiness. 
Prudence, indeed, will dictate that Governments long 
established should not be changed for light and transient 
causes ; and accordingly all experience hath shown, that 
mankind are more disposed to suffer, while evils are suf- 
ferable, than to right themselves by abolishing the forms 
to which they are accustomed. But when a long train 
of abuses and usurpations, pursuing invariably the same 
Object, evinces a design to reduce them under absolute 
Despotism, it is their right, it is their duty, to throw off 
such Government, and to provide new Guards for their 
future security. — Such has been the patient sufferance 
of these Colonies ; and such is now the necessity which 
constrains them to alter their former Systems of Govern- 
ment. The history of the present King of Great Britain 
is a history of repeated injuries and usurpations, all 
having in direct object the establishment of an absolute 
Tyranny over. these States. To prove this, let Facts be 
submitted to a candid world. 

He has refused his Assent to Laws, the most whole- 
some and necessary for the public good. 

He has forbidden his Governors to pass Laws of im- 
mediate and pressing importance, unless suspended in 
their operation till his Assent should be obtained ; and 
when so suspended, he has utterly neglected to attend 
to them. 

He has refused to pass other Laws for the accommo- 
dation of large districts of people, unless those people 
would relinquish the right of Representation in the Leg- 



THE DECLARATION OF INDEPENDENCE 171 

islature, a right inestimable to them and formidable to 
tyrants only. 

He lias called together legislath I places un- 

usual, uncomfortable, and distant from the depo 
their Public Records, for the Bole purpose of fatiguing 
them into compliance with h\> m 

He has dissolved Representative 1! 
for opposing with manly firmness Ins invasions on the 
rights of the people. 

He has refused for a long time, after such di- 
to cause others to be elected J u hereby the L 

rowers, incapable of Annihilation, have returned to the 
People at large for their exerci State remaining in 

the mean time exposed to all th ra of m\ 

from without, and convulsions within. 

He has endeavored to prevent the population oft! 
States; for that purpose obstructing the Laws for Nat- 
uralization of Foreigners; refusing to pass others I 
courage their migration hither, and raising the conditions 
of new Appropriations of Lands, 

He has obstructed the Administration of Justice, by 
refusing his Assent to Laws for establishing Judiciary 
Powers, 

He has made Judges dependent on his Will alon 
the tenure of their offices, and the amount and payment 
of their salaries. 

He has erected a multitude of New Offices, and sent 
hither swarms of Officers to harass our People, and eat 
out their substance. 

He has kept among 1 us, in times of peace, Standing 
Armies without the Consent of our legislature. 

He has affected to render the Military independent of 
and superior to the Civil Power. 



172 CIVIL GOVERNMENT. 

He has combined with others to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our Laws ; giving his Assent to their Acts of pre- 
tended Legislation : 

For quartering large bodies of armed men among us : 

For protecting them, by a mock Trial, from Punish- 
ment for any Murders which they should commit on the 
Inhabitants of these States : 

For cutting off our Trade with all parts of the world : 

For imposing taxes on us without our Consent : 

For depriving us in many cases, of the benefits of Trial 
by Jury : 

For transporting us beyond Seas to be tried for pre- 
tended offences : 

For abolishing the free System of English Laws in a 
neighboring Province, establishing therein an Arbitrary 
government, and enlarging its Boundaries so as to ren- 
der it at once an example and fit instrument for intro- 
ducing the same absolute rule into these Colonies : 

For taking away our Charters, abolishing our most 
valuable Laws, and altering fundamentally the Forms of 
our Governments : 

For suspending our own Legislatures, and declaring 
themselves invested with Power to legislate for us in all 
cases whatsoever. 

He has abdicated Government here, by declaring us 
out of his Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt 
our towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign 
mercenaries to compleat the works of death, desolation 
and tyranny, already begun with circumstances of Cru- 
elty, and perfidy scarcely paralleled in the most barbar- 



THE DECLARATION OF INDEPENDENCE 173 

ous ages, and totally unworthy the Head of a civilized 
nation. 

11< has constrained our fellow Citizens taken 
on the high Seas to bear arms against their Country, to 
become the execution heir friends and Brethren, 

or to fill themselves by their Hai 

He has excited domestic insurrections am 
and has endeavored to bring on the inhabitants of our 
frontiers, the merciless Indian nrhose leu 

rule of warfare, is an undistinguished destruction 

\cs and condition-. 

In ever] of these 0] as We b 

! for Redress in the most humble terms; 

repeated Petitions ha\ 

injur)'. A Prince, whose chai thus mark 

every act which may defin int, is unfit to be the 

ruler of a free People. 

Nor haw we been wanting in attention to our Bl 

brethren. We have warned them from time to time of 

attempts by their legislatui tend an unwarrantable 

jurisdiction over us. We have reminded them of the 
circumstances oi' our emigration and settlement here. 
We have appealed to their native justice ami magnan- 
imity, and we have conjured them by the ti. 
common kindred to disavow these usurpations, which 
would inevitably interrupt our connections and corre- 
spondence. They too have been deaf to the voic 
justice and of consanguinity. We must, therefore, ac- 
quiesce in the necessity which denounces our Separation, 
and hold them, as we hold the rest of mankind, Enemies 
in War, in Peace Friends. 

We, therefore, the Representatives of the united States 
of America, in General Congress, Assembled, appealing 



174 CIVIL GOVERNMENT. 

to the Supreme Judge of the world for the rectitude of 
our intentions, do, in the Name, and by Authority of 
the good People of these Colonies, solemnly publish and 
declare, That these United Colonies are, and of Right 
ought to be Free and Independent States ; that they are 
Absolved from all Allegiance to the British Crown, and 
that all political connection between them and the State 
of Great Britain, is and ought to be totally dissolved : and 
that as Free and Independent States, they have full 
Power to levy War, conclude Peace, contract Alliances, 
establish Commerce, and do all other Acts and Things 
which Independent States may of right do. And for the 
support of this Declaration, with a firm reliance on the 
Protection of Divine Providence, we mutually pledge 
to each other our Lives, our Fortunes, and our sacred 
Honor. 



ARTICLES OF CONFEDERATION— i ; 

To all to whom these Presents shall come, :oe tin- h 
signed Delegates of the States affixed ; 
greeting. 

Whereas the I delegates of tl 4 Amer- 

ica in Congress assembled <h<l on th th day of 

November in the Year of our Lord < >n< I housand S 
Hundred and Seventy-seven, and in th \ 

the Independence of Ami i tin articl 

Confederation and perpetual Union between the £ 

a 1 [ampshire, Massachusetts Bay, Rh< 1 and 

Providence Plantations, Connecticut, Nem York, 
Jersey, Pennsylvania, Delaware, Maryland, 
North Carolina, South Carolina ami Georgia in the 
words following, viz. 

"Articles of Con fide ration and Perpetual Union bit 
the States of New Hampshire, Massachusetts Bay, A 
Island and Providence Plantations, Connecticut, 

York, New Jersey, Pennsylvania, xrt, Maryland, 

Virginia, North Carolina, South Carolina 

Articlk I. The style of this confederacy shall be "The 
United States o\ America." 

* The Declaration of Independence was the prelude t<> r» preliminary 

national constitution. The Articles of Confederation. SOBM pr<>vi>- 

ion for a general government was recogniaed h Obeyi n g 

the lessons of their own experience o\ two centuries aud ■ half oi 
local government, the representatives of the people, in Coi 
hied, adopted I constitution for the Confederation o{ States which the 
colonies had become. The Articles of Confederation constitute our firet 
eflort to form ■ " perpetual I 'niou.'' 

174 



176 CIVIL GOVERNMENT. 

Article II. Each State retains its sovereignty, free- 
dom and independence, and every power, jurisdiction 
and right, which is not by this confederation expressly 
delegated to the United States, in Congress assembled. 

Article III. The said States hereby severally enter 
into a firm league of friendship with each other, for their 
common defence, the security of their liberties, and their 
mutual and general welfare, binding themselves to assist 
each other, against all force offered to, or attacks made 
upon them, or any of them, on account of religion, sov- 
eignty, trade, or any other pretence whatever. 

Article IV. The better to secure and perpetuate 
mutual friendship and intercourse among the people of 
the different States in this Union, the free inhabitants of 
each of these States, paupers, vagabonds and fugitives 
from justice excepted, shall be entitled to all privileges 
and immunities of free citizens in the several States; and 
the people of each State shall have free ingress and re- 
gress to and from any other State, and shall enjoy therein 
all the privileges of trade and commerce, subject to the 
same duties, impositions and restrictions as the inhabit- 
ants thereof respectively, provided that such restrictions 
shall not extend so far as to prevent the removal of 
property imported into any State, to any other State 
of which the owner is an inhabitant ; provided also that 
no imposition, duties or restriction shall be laid by any 
State on the property of the United States, or either 
of them. 

If any person guilty of, or charged with treason, fel- 
ony, or other high misdemeanor in any State, shall flee 
from justice, and be found in any of the United States, 
he shall upon demand of the Governor or Executive 
power, of the State from which he fled, be delivered up 



77//; ARTICLES OF COSFEDERATIOh 177 

and removed to the State having jurisdiction of his 
offence. 

Full faith and credit shall b a in each 

State, to the !<< ord , act 
th- courts and magistral 

Ak riCLE V. For the in men! 

of the genera] interests of th< I toto 
shall be annually appointed in such mann< r 
lature of each State shall direct, to meet m 
the fust Monday in November, in it, with a 

power reserved to each State, to recall its del 
any of them, at anytime within the year, and to 
others in their stead, for the remainder 

No State shall he represented in Congn ss by less than 
two, nor by more than seven members; and no p 
shall be capable of being a delegate for more than three 
years in any term of six years; nor shall any pei 
being a delegate, be capable of holding any offic under 
the United States, for which he, or another for his bene- 
fit receives any salary, fee- or emolument of any kind. 

Each State shall maintain it- own d< legates in a i 
ing o( the States, and while they ait as members <>f the 

committee 1 of the States. 

In determining questions in the United States, in I 
gress assembled, each State -hall have one vote. 

Freedom ^( speech ami debate in Congress shall not 
he impeached or questioned in any court, or place out 
of Congress, an d the members yA Congress shall be 
tected in their persons from arrests and imprisonments, 
during the time o\ their going to ami from, and attend- 
ance on Congress, except for treason, felony, or breach 
of the peace. 

Article VI. No State without the consent of the 



178 CIVIL GOVERNMENT. 

United States in Congress assembled, shall send any 
embassy to, or receive any embassy from, or enter into 
any conference, agreement, alliance or treaty with any 
king, prince or state ; nor shall any person holding any 
office of profit or trust under the United States, or any of 
them, accept of any present, emolument, office or title 
of any kind whatever from any king, prince or foreign 
state ; nor shall the United States in Congress assem- 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, 
confederation or alliance whatever between them, with- 
out the consent of the United States in Congress assem- 
bled, specifying accurately the purposes for which the 
same is to be entered into, and how long it shall con- 
tinue. 

No State shall lay any imposts or duties, which may 
interfere with any stipulations in treaties, entered into, 
by the United States in Congress assembled, with any 
king, prince or state, in pursuance of any treaties al- 
ready proposed by Congress, to the courts of France 
and Spain. 

No vessels of war shall be kept up in time of peace by 
any State, except such number only, as shall be deemed 
necessary by the United States in Congress assembled, 
for the defence of such State, or its trade ; nor shall any 
body of forces be kept up by any State, in time of peace, 
except such number only, as in the judgment of the 
United States, in Congress assembled, shall be deemed 
requisite to garrison the forts necessary for the defence 
of such State ; but every State shall always keep up a 
well regulated and disciplined militia, sufficiently armed 
and accoutred, and shall provide and constantly have 
ready for use, in public stores, a due number of field 



THE ABTICLE8 OF CONFEDERATE 17$ 

pieces and tents, and a proper quantity of arms, ammu- 
nition and camp equip 

No State shall engage in any war without th< 
of the United States in Coi mbled, un 

State be actually invaded by I . or .shall ha\ 

ceived certain advice ol a resolution being formed by 
some nation of" Indians to invade su< . and the 

30 imminent as not to admit i .>•, till the 

I anted States in I mbled i ilted : 

nor shall any State grant commissions to any shi] 

is of war, nor letters of mate 

it be after a declaration of" war by the Un 
Congress assembled, and then only against the km 

or state and the subji Lgainst which war has 

been so declared, and under such r >ns as shall be 

established by the United States in bled, 

unless such State be infested by pirates, in which 

vessels o( war may be fitted out tor that occasion, and 
kept SO long as the danger shall continue, or until the 

United States m Com issembled shall determine 

otherwise. 

Article VII. When land-forces are raised by any 

State for the common defence, all officers of or under 
the rank of colonel, shall be appointed by the Legisla- 
ture oi each State respectively by whom such forces 
shall be raised, or in such manner as such State shall 
direct, and all vacancies shall be filled up by the State 
which first made the appointment. 

ARTICLE VIII. All charges of war. and all other ex- 
penses that shall be incurred for the common defence 
or general welfare, and allowed by the United States in 
Congress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several States, 



180 CIVIL GOVERNMENT. 

in proportion to the value of all land within each State, 
granted to or surveyed for any person, as such land and 
the buildings and improvements thereon shall be esti- 
mated according to such mode as the United States in 
Congress assembled, shall from time to time direct and 
appoint. 

The taxes for paying that proportion shall be laid and 
levied by the authority and direction of the Legislatures 
of the several States within the time agreed upon by the 
United States in Congress assembled. 

Article IX. The United States in Congress assem- 
bled, shall have the sole and exclusive right and power 
of determining on peace and war, except in the cases 
mentioned in the sixth article — of sending and receiv- 
ing ambassadors — entering into treaties and alliances, 
provided that no treaty of commerce shall be made 
whereby the legislative power of the respective States 
shall be restrained from imposing such imposts and 
duties on foreigners, as their own people are subjected 
to, or from prohibiting the exportation or importation 
of any species of goods or commodities whatsoever — of 
establishing rules for deciding in all cases, what captures 
on land or water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of 
the United States shall be divided or appropriated — of 
granting letters of marque and reprisal in times of peace 
— appointing courts for the trial of piracies and felonies 
committed on the high seas and establishing courts for 
receiving and determining finally appeals in all cases of 
captures, provided that no member of Congress shall be 
appointed a judge of any. of the said courts. 

The United States in Congress assembled shall also be 
the last resort on appeal in all disputes and differences 



THE ARTICLES 01 ' ONI EDERA TIO 1*1 

now subsisting <>r that hereafter may n two 

or more States concerning boundary, jurisdiction or any 

other caUSC whatever; whieh authority shall always be 

exercised in the manner following. W 

islative or executive authority or lawful agent of any 

State in controversy with another shall present a 

tion to ( iting the matter in question and 

praying for a hearing, notice thereof shall l>' given by 
order of ( to the legislative thor- 

ity of the other State m ( ontroversy, and a day 
for the appearance of the parties by their lawful agents, 

who shall then be directed to appoinl by joint coi 

commissioners or judges to constitute a court for hear- 
ing and determining the matter in question: but if they 

cannot agree, Congress shall name three person 

of each of the United States, and from the list of such 

persons earh party shall alternately strike- out one. the 

petitioners beginning, until the number shall b 
to thirteen; and from th.it number not less than 

nor more than nun- names as ( shall direct, shall 

in the presence of Congress he drawn out by lot. and 
the persons whose names shall be so drawn or any five 
of them, shall he commissioners or judges, to hear and 
finally determine the controversy, so alwaj major 

part of the judges who shall hear the cause shall agree 
in the determination : and if either party shall neglect 
to attend at the day appointed, without showing 
sons, which Congress shall judge sufficient, or being 
present shall refuse to strike, the Congress shall proceed 
to nominate three persons out of each State, and the 
Secretary of Congress shall strike in behalf of such 
party absent or refusing; and the judgment and sen- 
tence of the court to be appointed, in the manner 



182 CIVIL GOVERNMENT. 

before prescribed, shall be final and conclusive ; and if 
any of the parties shall refuse to submit to the author- 
ity of such court, or to appear or defend their claim or 
cause, the court shall nevertheless proceed to pronounce 
sentence, or judgment, which shall in like manner be 
final and decisive, the judgment or sentence and other 
proceedings being in either case transmitted to Congress, 
and lodged among the acts of Congress for the security 
of the parties concerned : provided that every commis- 
sioner, before he sits in judgment, shall take an oath to 
be administered by one of the judges of the supreme or 
superior court of the State where the cause shall be tried, 
"well and truly to hear and determine the matter in 
question, according to the best of his judgment, with- 
out favor, affection or hope of reward :" provided also 
that no State shall be deprived of territory for the bene- 
fit of the United States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more States, 
whose jurisdiction as they may respect such lands, and 
the States which passed such grants are adjusted, the 
said grants or either of them being at the same time 
claimed to have originated antecedent to such settle- 
ment of jurisdiction, shall on the petition of either party 
to the Congress of the United States, be finally deter- 
mined as near as may be in the same manner as is before 
prescribed for deciding disputes respecting territorial 
jurisdiction between different States. 

The United States in Congress assembled shall also 
have the sole and exclusive right and power of regulat- 
ing the alloy and value of coin struck by their own 
authority, or by that of the respective States — fixing 
the standard of weights and measures throughout the 



THE ARTICLES 01 CONFEDERATION. 

United States — regulating the trad<: and managing all 
affairs with the Indians, not membi rs of any o( the 
States, provided that the Legislath of any 

within its own limits be not ml : violated — 

lishing and regulating po 

another, throughout all the United States, and exacting 

such postage on the papers passing thro 1 th< 
may be requisite to defray the expenses of the said office 
— appointing all ol of the land forces, in th< 

of the United States, excepting regimental of) 
— appointing all tin- oil and com- 

missioning all officers whatever in tin- s ( r\icc of the 

United States — making rules for the government and 

regulation of the said land and n .. :id direct- 

ing their operations. 

The United States in Congr hall have 

authority to appoint a commit' I in the recess of 

Congress, to be de-nominated "a Committee of the 
States/ 1 and to consist of one delegate from each S 

and to appoint such other committees and civil oflfi 
as may be necessary for managing the general affairs of 

the United States under their direction — to appoint one 
of their number to preside, provided that no person be 
allowed to serve in the office o( president more than 
one year in any term of three years ; to ascertain the 
necessary sums of money to be raised for the service 
of the United States, and to appropriate and apply the 
same for defraying the public expenses — to borrow 
money, or emit bills on the credit of the United States, 
transmitting every half year to the respective States an 
account of the sums of money so borrowed or emitted, — 
to build and equip a navy — to agree upon the number of 
land forces, and to make requisitions from each State for 



184 CIVIL GOVERNMENT. 

its quota, in proportion to the number of white inhabit- 
ants in each State ; which requisition shall be binding, 
and thereupon the Legislature of each State shall appoint 
the regimental officers, raise the men and clothe, arm and 
equip them in a soldier-like manner, at the expense of 
the United States ; and the officers and men so clothed, 
armed and equipped shall march to the place appointed, 
and within the time agreed on by the United States in 
Congress assembled : but if the United States in Congress 
assembled shall, on consideration of circumstances judge 
proper that any State should not raise men, or should 
raise a smaller number than its quota, and that any other 
State should raise a greater number of men than the 
quota thereof, such extra number shall be raised, offi- 
cered, clothed, armed and equipped in the same manner 
as the quota of such State, unless the legislature of such 
State shall judge that such extra number cannot be safely 
spared out of the same, in which case they shall raise 
officer, clothe, arm and equip as many of such extra 
number as they judge can be safely spared. And the 
officers and men so clothed, armed and equipped, shall 
march to the place appointed, and within the time agreed 
on by the United States in Congress assembled. 

The United States in Congress assembled shall never 
engage in a war, nor grant letters of marque and reprisal 
in time of peace, nor enter into any treaties or alliances, 
nor coin money, nor regulate the value thereof, nor ascer- 
tain the sums and expenses necessary for the defence and 
welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United 
States, nor appropriate money, nor agree upon the num- 
ber of vessels of war, to be built or purchased, or the 
number of land or sea forces to be raised, nor appoint a 



THE ARTICLES OF CONFEDERATIO 180 

commander in chief of the army or navy, unless nine 
Stat 3 assent to the same: nor shall a question on any 
other point, except for adjourning from day to day be 
determined, unless by the votes of a majority of the 
United States in ( !< mbl< d. 

The Congress of the United shall have power 

to adjourn to any tune within the year, and to any place 

within the United Stat that no period of adjourn- 

ment be for a longer duration than the 

months, and shall publish the journal of their pro 

Ulgfl monthly, except such part- ti, 

treaties, alliances or military operations, as in their 
judgment require ind the yeas and na] 

the delegates of each State on any question shall be 

entered on the journal, when it is de-ired by any dele- 
gate; and the delegates of a State, or any of them, at 
his or their request shall be furnished with a tran 

of the said journal, except Mich parts as are above 
excepted, to lay before the Legislatures of the - 

States. 

ARTICLE X. The committee o( the Si any nine 

of them, shall be authorized to execute, in the • 

Congress, such o( the powers o\ Congress as the United 
States in Congress assembled, by the consent of nine 
States, shall from time to tune think expedient t> 
them with ; provided that no power be delegated to the 
said committee, for the exercise of which, by the articles 
of confederation, the voice of nine States in the Con 
of the United States assembled is requisite. 

Article XI. Canada acceding to this confederation, 
and joining in the measures of the United States, shall 
be admitted into, and entitled to all the advantages o\ 
this Union : but no other colony shall be admitted into 



186 CIVIL GOVERNMENT. 

the same, unless such admission be agreed to by nine 
States. 

Article XII. All bills of credit emitted, monies bor- 
rowed and debts contracted by, or under the authority 
of Congress, before the assembling of the United States, 
in pursuance of the present confederation, shall be deemed 
and considered as a charge against the United States, for 
payment and satisfaction whereof the said United States, 
and the public faith are hereby solemnly pledged. 

Article XIII. Every State shall abide by the deter- 
minations of the United States in Congress assembled, on 
all questions which by this confederation are submitted 
to them. And the articles of this confederation shall be 
inviolably observed by every State, and the Union shall 
be perpetual ; nor shall any alteration at any time here- 
after be made in any of them ; unless such alteration be 
agreed to in a Congress of the United States, and be after- 
wards confirmed by the Legislatures of every State. 

And whereas it has pleased the Great Governor of the 
world to incline the hearts of the Legislatures we respec- 
tively represent in Congress, to approve of, and to author- 
ize us to ratify the said articles of confederation and 
perpetual union. Know ye that we the undersigned 
delegates, by virtue of the power and authority to us 
given for that purpose, do by these presents, in the 
name and in behalf of our respective constituents, fully 
and entirely ratify and confirm each and every of the 
said articles of confederation and perpetual union, and 
all and singular the matters and things therein contained : 
and we do further solemnly plight and engage the faith 
of our respective constituents, that they shall abide by 
the determinations of the United States in Congress as- 
sembled, on all questions, which by the said confedera- 



THE ARTICLES 01 CONFEDERATION. 

don arc submitted to them. And that the articles th- 

shall be inviolably ob ten i d by the Stat I ively 

represent, and that the Union sha rpetuaL 

In witness whereof we have hereunto set our ban 
Congress. Done at Philadelphia in the State of Penn- 
sylvania the ninth day of July in the >< ar of OUI I 

one thousand seven hundred and si ventyn ight, and in 

the third year of the independence ot America. 



THE CONSTITUTION OF THE UNITED STATES 
OF AMERICA.* 

The Preamble. 

" We, the People of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote the 
general welfare, and secure the blessings of liberty to our- 
selves and our posterity, do ordain and establish this Con- 
stitution for the United States of America." 

Article I. 

THE LEGISLATIVE DEPARTMENT. 

Section I. — The Congress in general. 
" All legislative powers herein granted, shall be vested 
in a Congress of the United States, which shall consist of 
a Senate and House of Representatives." 

Section II. — The House of Representatives. 

1. "The House of Representatives shall be composed 
of members chosen every second year by the people of the 
several States, and the electors in each State shall have 
the qualifications requisite for electors of the most numer- 
ous branch of the State legislature." 

2. " No person shall be a Representative, who shall not 
have attained to the age of twenty-five years, and been seven 

* The Articles of Confederation proved by experience inadequate to 
the wants of the people of the United States, and they were supplanted 
by the Constitution. 

"The American Constitution, with its manifest defects, still remains 
one of the most abiding monuments of human wisdom, and it has re- 
ceived a tribute to its general excellence such as no other political sys- 
tem was ever honored with." — Freeman. 
188 



THE CONSTITUTION OF THE UNITED STATES 

.1 citizen of the United States, and who sha! 
when elected, be an inhabitant of thai State in which he 
shall be chosen.' 1 

:;. "Representatives and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective numbers, 
which shall be determined by adding to the irhole num- 
ber of free persons, including those bound to Bervio 
term of years, and excluding Indiana n<>t taxed, three-fifths 
of all other persons. The actual enumeration shall be 
made within three years after the first m< < ting of the I 

of the I nited States, and within [uent 

term of ten years, in Buch manner as they shall by law 
direct. The number of Representatives shall n 
one for every thirty thousand, but eacl ball have 

at least one Representative; and until such enumei 
shall be made, the State of N. w Hampshire Bhall I 
titled to choose three, N ' ssachusetts eight, Rhode [eland 
and Providence Plantations one, Connecticut five, 
York six. New Jersey four, Pennsylvania eight, Delaware 
one. Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia thn 

i. l> When vacancies happen in the representation from 
any State, the executive authority thereof shall issue writs 
o\' election to till such vacanci< 

5. "The House of Representatives shall choose their 
Speaker and other officers; and shall have the sole power 
of impeachment" 

Section ITT.— The Senate. 

1. "The Senate of the United States shall be conn 

of two Senators from each State, chosen by the Legisla- 
ture thereof, for six years; and each Senator shall have 
one vote." 

2, " Immediately after they shall be assembled, in con- 
sequence of the first election, they shall be divided as 



190 CIVIL GOVERNMENT. 

equally as may be, into three classes. The seats of the 
Senators of the first class shall be vacated at the expira- 
tion of the second year ; of the second class, at the expi- 
ration of the fourth year ; and of the third class, at the 
expiration of the sixth year; so that one-third may be 
chosen every second year ; and if vacancies happen by 
resignation, or otherwise, during the recess of the legisla- 
ture of any State, the executive thereof may make tempo- 
rary appointments until the next meeting of the legisla- 
ture, which shall then fill such vacancies." 

3. " No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen." 

4. " The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided." 

5. "The Senate shall choose their other officers, and 
also a President pro tempore, in the absence of the Vice- 
President, or when he shall exercise the office of President 
of the United States." 

6. " The Senate shall have the sole power to try all im- 
peachments. When sitting for that purpose, they shall be 
on oath or affirmation. When the President of the United 
States is tried, the Chief-Justice shall preside ; and no per- 
son shall be convicted without the concurrence of two- 
thirds of the members present." 

7. " Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust, or profit, un- 
der the United States ; but the party convicted shall, never- 
theless, be liable and subject to indictment, trial, judgment, 
and punishment, according to law." 



THE CONSTITUTION OF THE UNITED STATES l'.'l 

Section IV. — Both Houses. 

i. "The times, places, and manner, of holding electionfl 
for Benaton and Representatives, shall be prescribed in 
each State by the Legislature thereof: bnt th< * 
may at any time, by law, make or alter such regulations, 
except as to the placet of choosing Senat 

B. '" The ( longress Bhall as* mble at 1( 
year, and Buch meeting Bhall be on the first Monday in 
December, unless they Bhall by law appoint a cliff 
day." 

Section V.— The Houses Separately. 

i. "Each House Bhall be the judge of the electioi 
turns, and qualifications of it- own members, and a major- 
ity of each shall constitute a quorum to do business; bnt 
a smallei number may adjourn from day to day, and may 
be authorized to compel the attendance of absent mi □ 
in such manner, and under such penalt cb House 

may provide." 

-2. i> Each House may determine the rales of ita pro- 
ceedings, punish its members for disorderly behavior, and, 
with the concurrence of two-thirds, expel a member." 

:\. " Each House shall keep a journal of it- pn 
and, from time to time, publish the same, excepting Buch 
parts as may, in their judgment, require Becrecy ; and the 
yeas and nays of the members of either House, on any 

question, shall, at the desire of one-fifth of those ]'i 
he entered i)\\ the journal." 

4. " Neither House, during the session o( Congress, Bhall, 

without the consent oi % the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting." 

Section VI. — Privileges and Disabilities of Mem- 
bers. 

1. "The Senators and Representatives shall receive a 
compensation for their services, to he ascertained by law, 



192 CIVIL GOVERNMENT. 

and paid out of the Treasury of the United States. They 
shall, in all cases, except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at 
the session of their respective Houses, and in going to, and 
returning from, the same ; and for any speech or debate 
in either House, they shall not be questioned in any other 
place." 

2. "No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been 
increased, during such time ; and no person, holding any 
office under the United States, shall be a member of either 
House during his continuance in office." 

Section VII.— Mode of Passing Laws. 

1. "All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or 
concur with amendments, as on other bills." 

2. " Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it become a 
law, be presented to the President of the United States ; 
if he approve, he shall sign it, but if not, he shall return it, 
with his objections, to that House in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such recon- 
sideration, two-thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsidered, 
and, if approved by two-thirds of that House, it shall be- 
come a law. But in all such cases the votes of both 
Houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall 
be entered on the journal of each House, respectively. If 
any bill shall not be returned by the President within ten 
days (Sundays excepted) after it shall have been presented 



THE CONSTITUTION OF THE UNITED STATES. 

to him, the same shall be a law, in like mi if he 

had signed It, unless the Congress, by their adjournment, 
prevent its return, in which case it shall not be a law." 
:$. " Every order, resolution, or vote, t«» which the con- 
currence of the Senate and House of Repn 
be Decesaary (except on a case of adjournment), shall be 
presented to the President of the United Btati a; and b< fore 
the same shall take effect, shall be approved by him, or, 
being disapproved by him, Bhall be repass* d by two-thirds 
of the Senate and House of Repn -• Qtativi -. according to 
the rules and Limitations pn Bcribed in the i bilL w 



Section VIII.— Powers Granted to Congress. 

l. "The Congress Bhall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts 
provide for the common defence and general welfare of the 
UnitedStatesj but all duties, imposts, and i i dl be 

uniform throughout the United Stat 

i>. "To borrow money on the credit of th< Ui 

States." 

:*. "To regulate commerce with foreign nations, 
among the Beveral states, and with the Indian ti 

4. "To establish a uniform rule of naturalization, and 
uniform laws on the Bubject o( bankruptcies, throughout 
the United Stat. 

5, "To eoin money, regulate the value thereof, and of 
foreign eoin, and fix the standard of weights and meas- 
ures." 

<;. "To provide forthe punishment of counterfeiting the 
seeurities and current eoin o( the United States. ' 

7. "To establish poet-offices and post-roads." 

8. "To promote the progress of Bcience and useful arts. 
by Becuring, for limited times, to authors and inventors. 

the exclusive right to their respective writings and dis- 
coveries." 

L3 



\ 



194 CIVIL GOVERNMENT. 

9. " To constitute tribunals inferior to the Supreme 
Court." 

10. " To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law of 
nations." 

11. "To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water." 

12. "To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term than 
two years." 

13. " To provide and maintain a navy." 

14. " To make rules for the government and regulation 
of the land and naval forces." 

15. "To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions." 

16." To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may 
be employed in the service of the United States ; reserving 
to the States respectively, the appointment of the officers, 
and the authority of training the militia, according to the 
discipline prescribed by Congress." 

17. "To exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles square), 
as may, by cession of particular States, and the acceptance 
of Congress, become the seat of the Government of the 
United States, and to exercise like authority over all 
places, purchased by the consent of the legislature of the 
State in which the same shall be, for the erection of forts, 
magazines, arsenals, dockyards, and other needful build- 
ings," and 

18. "To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 



THE CONSTITUTION OF THE UNITED STATES 195 

Government of the United - Of in any depai 

or officer thereof!" 



Section IX.— Powers Denied to the Unitr-d States. 

i. "The migration <» r importation of such p 
any of the States, now existing, shall think prop r to ad- 
mit, Bhall not be prohibited by th< I to the 
year one thousand eight hundred and i ight ; but ■ I 
'dutv may be imposed on Buch importation, not e x c e e din g 
ten dollars for each person. 

9, "The privilege of the writ of hah shall not 

be suspended unless when, in rebellion or inva- 

sion, the public safety may require it" 

:;. ■• No bill of attainder, or law, Bhall be 

i d." 

i. • NO capitation or other direct tax Bhall be laid, un- 
less in proportion to the emuut or i num< ration, herein be. 
fore directed to be taken." 

:». "No tax or duty shall be laid on articles ex] 
from any State." 

<;. - No preference Bhall be given by any regulation of 
commerce or revenue, to the ports of one State over those 
of another; nor Bhall vessels bound to, or from, one State, 

be obliged to enter, clear, or pay duties, in another." 

7. "No money shall be drawn from the treasury, but 
in consequence o( appropriations made by law ; and 

alar statement and account of the receipts and expendi- 
tures of all public money shall be published, from time to 
time." 

8. M No title o( nobility shall be granted by the United 
States: and no person, holding any office of profit or trust 
under them, shall, without the consent of the Oongn - 

oept of any present, emolument, office, or title, of any kind 

whatever, from any king, prince, or foreign state."' 



196 CIVIL GOVERNMENT. 

Section X.— Powers Denied to the States. 

1. "No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin 
money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts, pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts, or grant any title of nobility." 

2. " No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspec- 
tion laws ; and the net produce of all duties and imposts, 
laid by any State on imports or exports, shall be for the 
use of the treasury of the United States ; and all such laws 
shall be subject to the revision and control of the Con- 
gress." 

3. " No State shall, without the consent of Congress, lay 
any duty of tonnage, keep troops, or ships of war, in time 
of peace, enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not 
admit of delay." 

Article II. 

THE EXECUTIVE DEPARTMENT. 
Section I.— President and Vice-President. 

1 . " The Executive power shall be vested in a President 
of the United States of America. He shall hold his office 
during the term of four years, and together with the Vice- 
President, chosen for the same term, be elected as follows:" 

2. " Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of Electors, equal 
to the whole number of Senators and Representatives to 
which the State may be entitled in the Congress : but no 
Senator or Representative, or person holding an office of 



'Jill. CONSTJTVTIOA 01 THE UNITED 8TATE& 

trod <»r profit under the Unit* d - ihal] be appo 

an Elector." 

:;. • The Elector! ~h:.ll meet in their ree] 
and vote by balloi for two persons, of whom on* 
■hall n"i !'<■ an inhabitant of the 3 te with them- 

selves. And they Bhall make a list of all the pen 
Tor. and of the number of votes for each ; which list they 
and certify, and transmit, -• aled, to 1 of the 

Government of the United States, directed to tin I 
of the Senate. The President «>t" the 8 all, in the 

presence of the Senate and Hou presentatives, open 

all the certificates, and th< mall then I"- counted. 

The person having the greatest number of votes shall be 
the President, it' Buch number be a majority of 1 1 * « - whole 
number of Electors appointed ; and if there be m<»r«' than 
one who have such a majority, and have an equal number 



* This clause has been amended and superseded by th< Imend- 

ment to the Constitution. By the provisions of the original ele 
person in the electoral college baring the greatest number ot 
rided he had s majority of the whole number of electors appointed be- 
came President, and the person baring tin- nei number of 
rotes became Vice-President, thus giving the Presidency to one |» >1 it- 
cal party and the Vice-Presidency n> another. In the year 1800 the 
Democratic Republicans determined t<> eled Thomas Jefferson Prei 
and Aaron Burr Vice-President The result sras thai ired an 
equal number of votes, and neither iras elected. The * onstitution then, 
as now. provided that in case the electoral oollege failed t<» eled s 
President, the House of Representatives, roting 9 should elect 
The Federalists distrusted and disliked Jefferson ; theDemocrs 
publicans and some of the Federalists distrusted and disliked Burr. 
The rote in the Rouse on the thirty-sixth ballot gave the Presidency to 
Jefferson and the Vice-Presidency to Ihirr. In order to prevent s repe- 
tition of so dangerous s struggle, the Twelfth Amendment, by which the 
electoral votes are oast separately Tor the candidates tor President and 
for Vice-President, was proposed by Con g r e ss Pee. 12, 1808, and de- 
clared in force Sept. -~\ 1804 Since that time the electoral college lias 
been constituted BS at present, with an odd number of votes, ami a tie 
vote in the college is impossible. 



198 CIVIL GOVERNMENT. 

of votes, then the House of Representatives shall immedi- 
ately choose, by ballot, one of them for President; and if 
no person have a majority, then, from the five highest on 
the list, the said House shall, in like manner, choose the 
President. But in choosing the President, the votes shall 
be taken by States, the representation from each State 
having one vote ; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States ; 
and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, 
the person having the greatest number of votes of the Elec- 
tors shall be the Vice-President. But if there should re- 
main two or more who have equal votes, the Senate shall 
choose from them, by ballot, the Vice-President." 

4. " The Congress may determine the time of choosing 
the Electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the United 
States." 

5. "No person, except a natural-born citizen, or a citi- 
zen of the United States at the time of the adoption of this 
Constitution, shall be eligible to the office of President; 
neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States." 

6. " In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall de- 
volve on the Vice-President, and the Congress may by law 
provide for the case of removal, death, resignation, or in- 
ability both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a 
President shall be elected." 

7. " The President shall, at stated times, receive for his 
services, a compensation, which shall neither be increased 
nor diminished during the period for which he shall have 



THE CONSTITUTION OF THE UNITED STATES 199 

been elected, and he shall not receive within tl 

any other emolument from the l nited ay of 

thrill. " 

8. " Before he enter <»n the execution of hie office, he 
shall take the following oath or affirmation : ' I do solemnly 
swear (or affirm), that I will faithfully execute the office 
of President of the United 3 ad will, to the h 

my ability, preserve, protect, and defend th< Constitution 
of the United Stat 

Section II. — Powers of the Presidei 

l. "The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several State-, when called into the actual * 
of the United States ; he may require the opinion, in writ- 
ing, of the principal officer in each of the executive d< 
incuts, upon any subject relating to the duties <>f tin ir 
respective offices, and he shall have pow< r to grant re- 
prieves and pardons for offences against the United 8 
except in cases of impeachment" 

9, "He shall have power, by and with the advi. • 

consent of the Senate, to make treaties, provided two-thirds 
of the Senators present concur; and he -hall nominate, 
and by and with the advice and consent of tl 
shall appoint ambassadors, other public ministers, and 

Consuls, judges of the Supreme Court, and all other officefl 

of the Tinted States, whose appointments are not herein 
otherwise provided for, and which shall he established by 
law: but the Congress may by law vest the appointment 
of such inferior officers, as they think proper, in the Pres- 
ident alone, in the courts o( law. or in the heads of 
Departments." 

3. "The President shall have powerto fill up all vacan- 
cies that may happen, during the recess of the Senate, by 
granting commissions, which shall expire at the end of 
their next session." 



200 CIVIL GOVERNMENT. 

Section III.— Duties of the President. 

" He shall, from time to time, give to the Congress infor- 
mation of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary 
and expedient ; he may, on extraordinary occasions, con- 
vene both Houses, or either of them, and in case of dis- 
agreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the laws 
be faithfully executed, and shall commission all the 
officers of the United States." 

Section IV. — Impeachment of the President. 

" The President, Vice-President, and all civil officers of 
the United States, shall be removed from office, on impeach- 
ment for, and conviction of, treason, bribery, or other high 
crimes and misdemeanors." 

Artice III. 

JUDICIAL DEPARTMENT. 

Section I.— United States Courts. 

" The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior courts as the 
Congress may, from time to time, ordain and establish. 
The judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior, and shall, at stated 
times, receive for their services a compensation, which shall 
not be diminished during their continuance in office." 

Section II.— Jurisdiction of the United States 
Courts. 

1. "The Judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the 



THE CONSTITUTION <>/ rm: i \rn i> STATES 201 
United States, and treaties made, or which shall be madei 

under their authority; to all ea.-es all. < tin- ;nn • 

other public ministers, and consuls ; to all ra.-es of admir- 
alty and maritime jurisdiction j to conta - to which 
the United States shall be a party; to controw 
tween two or more States, betw« 31 ite and citis 
another State, betw< i n citizens of different Stat b, \x I 
citizens of the same State, claiming land- under grants of 
different States, and between a State, or the citizens tl • 
and foreign States, citizens, or subj< i 

8. " In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which 
he a party, the Supreme Court Bhall have original jur 
tion. In all the other cases before mention d, the Supreme 
Court Bhall have appellate jurisdiction, both as t<> la* 
fact, with Buch exceptions, and under such regulations, as 
the Congress shall mal 

8. u The trial of all crim< impeach- 

ment, shall be by jury ; and such trial Bhall be held in the 

State, where the said crimes shall have been, committed ; 

but when not committed within any State, the trial Bhall 
be at such place, or places, as the Congress may by law 

have directed." 

Section I IT. — Treason. 

1. "Treason against the United States shall consist only 
in levying war against them, or in adhering to their ene- 
mies, giving them aid and comfort. No person shall he 
Convicted Of treason, unless on the testimony of two wit- 
nesses to the same overt act. or on confession in open 
court," 

2. "The Congress shall have power to declare the pun- 
ishment of treason, hut no attainder o( treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted.' 1 



202 CIVIL GOVERNMENT. 

Article IV, 

Section I.— State Records. 

" Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other 
State. And the Congress may, by general laws, prescribe 
the manner in which such acts, records, and proceedings 
shall be proved and the effect thereof." 

Section II. — Privileges of Citizens. 

1. "The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States." 

2. " A person charged in any State with treason, felony, 
or other crime, who shall flee from justice, and be found 
in another State, shall, on demand of the executive author- 
ity of the State from which he fled, be delivered up, to be 
removed to the State having jurisdiction of the crime." 

3. "No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, in 
consequence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be 
due." 

Section III.— New States and Territories. 

1. "New States may be admitted by the Congress into 
this Union ; but no new State shall be formed, or erected, 
within the jurisdiction of any other State ; nor any State 
be formed, by the junction of two or more States, or parts 
of States, without the consent of the legislatures of the 
States concerned, as well as of the Congress." 

2. " The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the ter- 
ritory, or other property, belonging to the United States ; 
and nothing in this Constitution shall be so construed as 
to prejudice any claims of the United States, or of any 
particular State." 



THE CONSTITUTION OF THE UNITED 8TATE8 

Section I V— Guarantee to the States. 

u The United ball guaranty to i 3 ■ •• in thk 

Union a republican form of government, and shall pro< 
each of them ;•-;! i i »-t invasion ; and, on application of the 
legislature, or of the executive I irhen the Legislature cannot 
onvened i, against dom< -tie violent 

Article V. 

POWER OF AMENDMENT. 
"The Congress, whenever two-thirds of hoth Houses 

shall deem it accessary, shall propose amendmenti 
Constitution, <>r. <>n the application of the Legislal 
two-thirds of the Beveral States, shall call a convention for 
proposing amendments, which, in either 
valid to all intents and purpc pari of this Constitu- 

tion, when ratified by th< i of 

the several states. «>r by conventions in three»fourtl 
of, as the one or the other mode of ratification may be pro- 
posed by the Congress; Provided, thai no amej 
which maybe made prior to the year one thousand eij 

hundred and eight, sliall. in any manner, affect the fir-t 
and fourth clauses in the ninth section of the tirst art)' 

and that no State, without it- consent, shall be deprii 
of its equal suffrage in the Senate. w 

Article VI. 

PUBLIC DEBT, SUPREMACY OF THE CONSTI- 
TUTION, OATH OF OFFICE, RELIGIOUS 
TEST. 

l. u All debts contracted, and engagements entered into, 
before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as under 
the Confederation." 



204 CIVIL GOVERNMENT. 

2. " This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land ; and 
the judges in every State shall be bound thereby, anything 
in the Constitution or laws of any State to the contrary 
notwithstanding." 

3. " The Senators and Representatives before mentioned, 
and the members of the several State legislatures, and all 
executive and judicial officers, both of the United States, 
and of the several States, shall be bound, by oath or affirm- 
ation, to support this Constitution ; but no religious test 
shall ever be required as a qualification to any office or 
public trust under the United States." 

Article VII. 

RATIFICATION OF THE CONSTITUTION. 

" The ratification of the Conventions of nine States shall 
be sufficient for the establishment of this Constitution be- 
tween the States so ratifying the same." 

Done in convention by the unanimous consent of the 
States present, the seventeenth day of September, in the 
year of our Lord, one thousand seven hundred and eighty- 
seven, and of the Independence of the United States of 
America the twelfth. 



AMENDMENTS TO THE CONSTITUTION. 

Articles uh Addition io, \m» Ajiendment of, rm 

-tuition OF THE UNITED STATES 01 AJOEBIGA,* 

Proposed by Congress and ratified by '!<• 
ral 8tates } pursuant to tht fifth a\ I 
Constitution. 

Article I.— Freedom of RHirjion, etc. 

"Congress shall make do law respecting an establish- 
ment of religion, <>r prohibiting th< 
or abridging the freedom of Bpeech, or of the pn bb : or the 
right of the people peaceably t<» assemble, and to petition 
the Government for a redress of grievai 

Article II.— Right to Bear 

" A well-regulated militia being d< < < ssary to the si cnrity 
of a free state, the righl of the people to k« . p and bear 
anna shall not be infringed." 

Article IN.— Quartering Soldiers on Citizens. 
"No Boldier shall, in time of peace, be quartered in any 

house, without the consent ^\ the owner; nor. in tii; 
war, but in a manner to be prescribed by law.*" 



* More than seven hundred amendments i«> the Constitution have 
been proposed Bines it wis adopted. Several are usually j>n«j»osed at 
each session of Congn 

The first twelve articles of amendment to the Federal Constitntion 
were adopted so soon after the original organisation of the Government 
nnder it in L789 as to justify the statement thai they wore practicallj 
contemporaneous with the adoption o( the original (Jemci Miller, 
U. S. Supreme Court). 



206 CIVIL GOVERNMENT. 

Article IV.— Search-Warrants. 
" The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated ; and no warrants shall 
issue, but upon probable cause, supported by oath or affirm- 
ation, and particularly describing the place to be searched, 
and the persons or things to be seized." 

Article V.— Trial for Crime, etc. 
" No person shall be held to answer for a. capital or other- 
wise infamous crime, unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service, 
in time of war, or public danger ; nor shall any person be 
subject, for the same offence, to be twice put in jeopardy 
of life or limb ; nor shall be compelled in any criminal 
case, to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law ; nor 
shall private property be taken for public use, without just 
compensation." 

Article VI. — Rights of Accused Persons. 
" In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury 
of the State and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of 
counsel for his defence." 

Article VII.— Suits at Common Law. 
" In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury 
shall be preserved ; and no fact, tried by a jury, shall be 



THE CONSTITUTION OF THE UNITED STATES 

otherwise re-examined in any oourl of the Unit 
than according to the rules of the common I 

Article V II I. — Excessive Bail. 

ive bail Bhall not be required, nor i 
imposed, nor cruel and unusual punishments inflict 

Article IX.— Rights Retained by the People. 

"The enumeration In the Constitution of certain limits 
shall n<>t be construed bo deny 01 disparagi oth< n n tamed 
by the peopli 

Article X. — Reserved Powers of the States. 

"The powers noi delegated to the I nited Btates by the 

Constitution, noi prohibited by it t<> the 8 
served to the Btates respectively, or to the people.' 1 

Article XI. 

"The judicial power of the United Btates shall noi be 
construed to extend to any Buit in law or equity, com- 
menced or prosecuted against one of the Uniti d S1 
citizens of another State, or by citiaenfl or subjects of any 
foreign State.' 

Article XII.— Mode of Choosing the President and 
Vice-President. 

i. "The Electors shall meet in their respectn S 
and vote by ballol for President and Vice-President, one 

* In the case of Chiaholm m, The State of Georgia, the 9apremc 
Court decided thai under Article 111. | - of the Oonetkntion ■ 

private citizen of I State night bring suit Igainet a State Other than 
the one Of which he was a citi/.en. This doci>i.<n. by which 

might be brought as defendant before the bar of ■ Federal court, was 
highly displeasing to the majority of the States in 17m. On the 5th 
of March of that year the Eleventh Amendment wis paaaed by two- 
thirds of both houses ofOongreBB, and declared in force January 8, 1798, 
Practically, the amendment has been the authority for the repudiation 
of debts by several States. 



208 CIVIL GOVERNMENT. 

of whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice-President; and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of the 
number of votes for each, which lists they shall sign, and 
certify, and transmit, sealed, to the seat of government of 
the United States, directed to the President of the Sen- 
ate ; the President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all the cer- 
tificates, and the votes shall then be counted ; the person 
having the greatest number of votes for President shall be 
the President, if such number be a majority of the whole 
number of Electors appointed ; and if no person have such 
majority, then, from the persons having the highest num- 
bers, not exceeding three, on the list of those voted for as 
President, the House of Representatives shall choose im- 
mediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the represen- 
tation from each State having one vote; a quorum for 
this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Rep- 
resentatives shall not choose a President, whenever the 
right to choose shall devolve upon them, before the fourth 
day of March next following, then the Vice-President shall 
act as President, and in case of the death, or other consti- 
tutional disability, of the President." 

2. "The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of Electors 
appointed ; and if no person have a majority, then, from 
the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Sen- 



THE C0N8TITUTI0* OF THE UNITED STATES 

ators; a majority of the whole Dumber shall be ie<cssary 
to a choi 

:j. m Bui no person constitutionally ineligible to tin- office 
of President, shall be eligible to that of Vi • Ql of 

the United Stat 

Article xin. Abolition of Slavery. 

1. "Neither slavery oor involuntary servitude, except 
■■ a punishment for crime, whereof th< ihall have 
been duly convicted, shall exist within the Unit 

Or any place BUDJeci to their jurisdiction." 

9. "Congress Bhall have power to enforce this article 
by appropriate Legislation." 

Article XIV. Right of Citizenship, etc. 

i . " All persons born or naturalised in the Unit 
and Bubjecl to the jurisdiction thereof, are citisens of tne 
United States and of the State wherein they n sid< No 
state shall make or enforce any law which -hall abridge 
the privileges or immunities of citizens of the United 
States; nor shall any State deprive any person of life. 
Liberty, or property without due pi law, nor deny 

to any person within its jurisdiction the e.jual protection 
Of the laWS." 

2. "Representatives shall be apportioned among the 

several States according to their respective numbers, count- 
ing the whole Dumber o\ persons in each State, excluding 

Indians not taxed. But when the righl t<> vote at any 

election for the choice of Electors for President and Vice- 
President of the United state-. Representatives in Cong 

the executive and judicial officers o\ a State, or the mem- 
bers oi' the Legislature thereof is denied to any o\ the male 
inhabitants of such State, being twenty-one year- o\ age, 
and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the 
basis of representation therein shall he reduced in the pro- 
14 



210 CIVIL GOVERNMENT. 

portion which the number of such male citizens shall bear 
to the whole number of male citizens, twenty-one years of 
age, in such State." 

3. " No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold 
any office, eivil or military, under the United States, or 
under any State, who, having previously taken an oath as 
a member of Congress, or as an officer of the United States, 
or as a member of any State Legislature, or as an execu- 
tive or judicial officer of any State, to support the Con- 
stitution of the United States, shall have engaged in in- 
surrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may, 
by a vote of two-thirds of each House, remove such 
disability." 

4. " The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insur- 
rection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any 
debt or obligation incurred in aid of insurrection or rebel- 
lion against the United States, or any claim for the loss or 
emancipation of any slave, but all such debts, obligations, 
and claims shall be held illegal and void." 

5. "The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article." 

Article XV.— Right of Suffrage. 

1. " The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or 
by any State, on account of race, color, or previous con- 
dition of servitude." 

2. " The Congress shall have power to enforce this arti- 
cle by appropriate legislation." 



A I ' I ' K N 1 1 I X 



STATE! IND I i i ri rORIEH. 



\ labama 

klaska T< 1 1 Itoi 

\ i Isona T< i ni"i j ...... 



< alifornia 

< olorado 

< loaned lcu( 

Delaware 

Disi rid of < olumbia .. 

Florida 



Idaho 

Illinois 

[ndiana 

Indian Territory 

[owi 

Kansas 

Kent nckj 

Louiaiana 

Blaine 

M.i i \ lainl 

Massachusetts 

Michigan 

Minnesota 

Miaaiaaippi 

Missouri 

Montana 

Nebraska 

Nevada 

\< w Hampshire 

\< w Jerst j 

\, u Mexico Territory 

New York 

North ( iarolina 

North Dakota 

Ohio 

( Oklahoma Territory ... 

< Oregon 

Pennsylvania 

Rhode Island 

South Carolina 

South Dakota 

Tennessee 

Texas 

Utah Territory 

Vermonl 

Virginia 

Washington 

West Virginia 

Wisconsin 

Wyoming 

















!,M 




•1 




ll . 




ki- 












ll 1,198 




1 






1 


LOG 
















1 1 






1 


-i 












I'M 


1'-. 


11 


1,91 1 




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it •: 




11 




100 




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1,04 


10 


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1,617,947 




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182,719 


70 ! 


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316 


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346 




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12,450 


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i 


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24,7* 


it) 


1,686,880 


:,.;.. w<> 


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97,890 



* Delegate. 



Ill 



212 



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214 APPENDIX. 



THE AUSTRALIAN BALLOT SYSTEM. 

Many States, in order to secure ballot reform, have 
introduced the Australian ballot system. The reforms 
sought are to remove the causes and to overcome the 
effects of intimidation, bribery and repeating at the polls. 
The ballots are printed and distributed by the authority 
of the State. Each ballot presents the entire ticket nom- 
inated : the name of each candidate for office, of whatever 
party, appears on the ballot. A person desiring to vote 
gives his name and residence to the ballot clerk, who, on 
finding the voter's name on the check-list, will admit him 
within the polling-place and hand him a ballot. The 
voter goes alone to the voting-shelf and there unfolds his 
ballot. He then marks with a cross (X) in the square at 
the right of the name of each person for whom he wishes 
to vote. No other mode of marking is allowed, but if the 
voter wishes to cast his ballot for a person whose name is 
not on the printed list, he may add the name, or names, 
at the foot of the ticket, in spaces left for this purpose, and 
then mark the cross (X) after such added names. If the 
voter spoils his ballot in the process of marking it, he may 
have another from the ballot clerk ; but, in the majority 
of the States practising this system, the voter cannot have 
more than two extra ballots, or three in all. No voter can 
remain within the polling-place more than ten minutes, 
and, if the voting-shelves are crowded, not more than five 
minutes. The number of voting-shelves, or voting-booths 
(as they are sometimes called), is sufficient to accommo- 
date the voters in the precinct. Before leaving the voting- 
shelf, the voter folds his ballot in the same manner as it 
was folded when he received it from the clerk, and, keep- 
ing it folded, deposits it in the ballot-box. The voter is 
directed not to show his vote to any person, nor to tell 
how he marked his ticket. When the voter deposits his 



APPENDIX. 215 

ballol in the box he gives his name and n 

officer in charge. No person is allowed to carry .< 

ballot, whether it is Bpoiled or not For the 

of blind persons, or persons physically unabL I 

their ballots, the officers in charge may in;irk the ballots 

of such persons .-it their direction. 

Some variations in the minor details of tl i 
are to be found, bui the general features an thi 
all the States in which it has been adopted. Tin 
pari of the system is thai the entire machinery oi 
lion is put into the hands of the State, instead of being 
left, as heretofore, to the proniiscuous ne th' liticsJ 

parties.* 

• "Th« Australian system of fOtillg STOOld Dt III LmflMDN I 

dipping the wings and suppressing the evili of political '"Tirtfm l p- 

wanl of eighty-five million people conduct their election in 

with its provisions, to thai it is neither sn Untested < 

questionable expedient Wherever a free and accurate expression of 

Opinion is desired it finds a home, so that it OSAnOl bejUStlj « 1 aimed as 
the method of any one country <>r people. 

"The oardinal features of the Australian system are 
secrecy of voting, uniform nfficial balloti containing the i. 

candidates printed under State or mnni.ipal authority, and offidal 
equality of nominations when made either by I DVention or 

by s paper signed by a given number of voter-: under this 

Qualified voters have equal facilities for Voting and all candidates have 

equal facilities for receiving votes. 

"The Australian system has produced effects far wider than the mere 

achievement of a single reform. It ofiera nol only free and pui 

tions, hut free nominations. It offers a method of nomination that ifl 
free to all, and it emancipates us from the rule tA' the political bosses. 
There is abundant testimony that it is the best, the most rapid and the 
most facile mode of obtaining the unbiassed wish of voters. It secures 

tranquillity, purity and freedom of choice. For all the* 
heartily favor it."— (toy. BoBT. E. Path- 



QUESTIONS 

DEVELOPING THE GOVERNMENT OF THE 

STATE, COUNTY, TOWNSHIP, TOWN 

OR PARISH, AND CITY.* 

What is a State ? 

What are the civil divisions of a State ? 

What is a constitution ? 

When was the constitution now in operation in this State adopted ? 
How can the constitution of this State be amended ? Has it ever been 
amended ? 

Does the constitution of this State contain a bill of rights ? 

What is an elector ? 

What is the difference between an elector and a citizen ? 

What are the qualifications of an elector in this State? 

Is an elector in this State required to be a citizen of the United States ? 

Are the local officers, State officers and Federal officers elected on 
the same or on different days ? Why ? 

Who is the highest executive officer of this State ? When is he 
elected ? For how long a term ? What are his qualifications ? State 
some of his duties. What is his salary? 

Has this State a lieutenant-governor ? What are his qualifications ? 
When is he elected ? For how long a term ? His duties ? His salary ? 

What are the other executive officers of this State? How is each 
chosen ? State some of the duties of each. 

Name some of the administrative officers of this State. 

What is the name of the legislative body that makes the laws of this 



* These questions are suggestive only, and are to be modified or ex- 
tended at the discretion of the teacher, so as to develop the methods and 
harmonize the variations and peculiarities in the forms of local govern- 
ment. A copy of the State constitution should always be used in study- 
ing the government of a State. 
216 



APPENDIX 217 

State? How many branch) theii names? What 

it the term of terries in each ? When doet thit bod) meet? W 
I I<iw often ? 

How manj Stati lenatorial dietrictt are there in Lfa 

In wliich State lenatorial dittrid «1" yo i 

Who is the State tenatoi from this dittrid ' VI 
1 1 i i.i M, ■ i ervice? Hit m 

How m.inv representativt in thii 

State? In which representative distrid d 

Who is the State repn entativt from this distrid ' What 
qualifications .' I li- term 

How many congressional distrii e in this E 

Hon man) reprew ntalive* ha- tin- Stan m < 

In wliirli con gre s s ional distrii i do you n 

By what authority is th<- State divided inl 

Who represent! thi- « oiil'P ---mnal <li-trht iii < 

w hat are the qualificationa of i n pn nentative? Howie had 

I of how long .-i term of servici \\ hat m his salary? 

I low many I United States senaton I 

By w horn are they cho i | ;■ term of sei 

What an- the qualifications of i I nit* 5 is hi* 

salary ? 

Wha1 arc the ntmm of 1 1 ■ * - different State eoarti in thi- S 
Which ii the highest State court in thii Stan ' What art the I 
its judges? Hoi are they choorm ' What it their term of osl 

Is this State divided into State judicial dittrii 

In which State judicial dittrid do you reside? 

In which United States circuit court dittrid i- thii B 

Where does the United States circuit court (><r thii State i 

What justice of the United States Supreme Court presides in this 
circuit ? 

Mow many United states diatrid court- are there in thii S 

Who is the resident United state- dittrid judg 

When docs the United States distrid court meet? Win 

How are the judges <>{ the United State- courts ch< s 

What other officers hesades the judges arc connected with the United 
States courts ? What are their duties? How are they ch 

What are the names of the difierent county court- in thi- county '.' 
In what COUrtS are civil ca-e- tried? Criminal ta- 
in what courts are estates of deceased persons sujudieau 

What is the tenure of office of the county ju.L 
How are the judges cho-en in this counl\ . 



218 APPENDIX. 

What is the salary of the judges in this county? 

Where do the courts of this county meet? 

Who is the present county attorney ? How is he chosen ? What is 
his term of service? What are his duties? His salary? 

Who is the sheriff of this county ? How is he chosen ? What is 
his term of service ? His salary ? What are his duties ? 

What are the other officers of this county? What are their duties? 

What are the civil divisions of this county? W T hat is the title of 
the judicial officer in this township, town or parish ? Of the executive 
officers ? Of the legislative officers ? Of the administrative officers ? 
What are the duties of each ? Which of these officers are required to 
give a bond for the faithful performance of their duties ? Explain the 
nature and operation of a bond. 

What is the title of the chief executive officer of a city ? How is 
he chosen ? What are his duties ? His term of office ? 

Name the other executive and administrative officers of a city. How 
are they chosen ? What are their duties ? Their terms of office ? 

What is the title of the chief legislative body of a city? Of how 
many branches is it composed? 

What are the principal duties of the legislative department of a city ? 

How are the members of the legislative department of a city chosen ? 
Are they paid a salary for their services ? 

What judicial officers are there in a city other than the county 
judges of the county in which the city is located? What are the du- 
ties of these officers ? How are they chosen ? How are they paid for 
their services ? 



PROBLEMS IN CIVIL GOVERNMENT. 

If the regular candidate of the political party to which you belong 
were a person inferior in ability, morally and intellectually, to the can- 
didate of the opposing party, which candidate would you vote for, and 
for what reason ? 

A certain town wishes to construct waterworks, but it has no money 
for that purpose. In what two ways may it legally proceed to obtain 
the required funds? Which do you think would be the better? 

At a certain local election there was reason to believe that more 
votes were cast than there were lawful electors in the district. By 
what process would the facts in the case be ascertained, and how would 
the case be settled beyond further dispute ? 

If an elector own land in several States, can he vote in them all ? 
What facts determine his legal residence? 



APPENDIX. 219 

Can i member of I ibN ho! 

according to the ( onstitution of the Unit d - 
ion for this? According to the Conttitutioo oi r 
li\. / I- i ii. reason the Mune '.' 

\ politician described the civil r/etem by which it ia 

hard to get into an office and easy to get ouf of \tf be fbrthei 
that he believed in i en U lertice u thai n 
office, but hard to get i man out of tl.. d think thai be 

touched "ii any principle of popular government thai Id ben 

work in practice ' What principle ' 

!><> you think thai the governuM hi of tli- 
uould be i more pei feet governmenl it" t! 
partj in the country? It not, for what reaj 

In tin- ;i-m- 1 1 1< lit ->t i-:il |.i.|hii\ tin- ..nii. i m. iv complain thai ha 
is assessed too lu^li ; lia- li« any meaue of getting th. ■sasassnent 
changed? tf he cannot gel it changed, ii be justified in 
pay bis taxes? Whj 

In the older Btatoi man] State "tli-. n are appointed by * 
by and with the consent of the Senafc ; la the i 
Imitate officers are elected by the people. Hon do you explain this 
remarkable difference in the civil ^ovenumnt of th. * 
do yon favor? Why '.' 

In one of the Btates in the Union which requli titutfon 

thai every person before he can rote must I • 
the state Constitution, an illiterate man was taught ti 
from memory, and when his vote was challenged h. appareni 

,,,„!. it having been pointed out to him by the person wl 
taught it to him. Was his vote illegal ? w guihyofbn 

the spirit of the laa ? Should he be punished P 

Are ill citisena of the United States electors? [a there i diffi 
between the meanings of the words M el< -. tors," "inhabitants," 
dents-' and "dtiaana"? Which of these constitute "t 1 
people of the United Stan 

What principles of our governmenl are illustrated in the foil 
An election. The inauguration of the President The levy of ■ tax. 
The impeachment o\ i State officer. A jury trial The rapport of 

public schools by taxation The improvement of river- and harbori 

by and at the expense of the National Government The pri 
of ■ member of the state or oi the National legislature Tht 
ence of a United state- Supreme Court 



220 APPENDIX. 

QUESTIONS FOR DEBATE. 

Should the President be elected by popular vote ? 

Which affords the more privileges for its citizens — a republic like the 
United States, or a monarchy like England ? 

Can a State repudiate its debts ? 

Is " rotation in office " conducive to the most desirable results in a 
government like our own? 

Would the government of the people of the United States be more 
conducive to their welfare if State legislatures were abolished and all 
laws were made by Congress? 

Should the National Banking System be abolished ? 

Would the " general welfare " of the United States be promoted by 
an amendment to the Constitution requiring every elector to be able to 
read and write ? 

Which have had the wider influence in this country — the opinions 
of Thomas Jefferson or those of Alexander Hamilton? 

Would Congress be justified at any time in appropriating the sur- 
plus in the national treasury to the payment of the debts of the States? 

Are American politics growing better ? 

Is the Government of the United States to-day essentially the same 
as it was when Washington was President? 

Has the Government of the United Slates the constitutional right to 
become the owner of the railroad and telegraph lines of the country? 

Would the general welfare of the people of the United States be pro- 
moted if the National Government should become the owner of the rail- 
road and telegraph lines ? 

Does man's capability for enjoying life increase with the advance of 
civilization ? 

Would the union of the United States and Canada promote the wel- 
fare of the people of these two countries ? 

Does the government of the people of the United States possess the 
power of indefinite self-perpetuation ? 

Is the present form of government in the United States the best form 
possible at the present time ? 

Upon which does the welfare and the perpetuity of popular govern- 
ment in this country the more depend — upon national legislation or 
upon State legislation? 

Would the Government of the United States be justified in buying 
Cuba, rather than have that island pass into the possession of any other 
power than Spain ? 




[The reference! are to paragraph rben the page ii indi 



\. . dm to President, 188, 196. 
Adams, Samuel, 79. 
Administration, 97. 
Agriculture, 16, 20 \. 
Agriculture, I Apartment of, 
A labama case, 210i 
Amendments to ( onstitution of 

United States, \<. 205. 
Anarchism, 269. 
Appeal, 217. 
Appellate courts, 219. 
Apportionment, '•• 1. 1 1 2. 
Arbitration, '21i>. 
Areas of the States, p. 21 1. 
Aristocracy, 22. 
Arms, right to bear, 164. 
A ii i »x , 160. 
Art, 1 18. 

Articles of < ionfederation, p. 175. 
Assembly, 94 
Australian Ballot, p. 21 1. 

Banks, 288, 289. 

Bankruptcy, 189. 

Barons' war, 6 1. 

Base lino. 226. 

Basis of government, 24. 

Bill, how made into ■ lav by 

Congress, 182. 
Rill of attainder, 157. 
Bill of rights, 62. 
Bonds, 287. 
"By" thej by-law, 42, 



Campaign, 

< MIKII 

199. 

< barn i 

< ircuit courts, 219. 
( i\ it esses, 212. 

( ivil institutions, 1, 18, 16, 17. 
( ivil rights, 24. 

< i\ ii sen i- • . note p 

< itisen, cha| 
( ity, -. 

< oast >ur. 
( oin certil 

< oin-. 281 . 

< felonies, ,; I. I 

< omnv iv. . -jo. [87, I 
Committees, 122, 
Commons, 

( lommunism, 

< 'onfederati< d, Articles <'t'. p. 17">. 
Congress, 109, 128, 134,164 

( bnquj st "t Britain, 16. 
Constitution of United 

States, p. 189. 
Consular sen ice, 199. 
Continents] money, p 
Contract, 172. 
Convention. 
Copyright, 1 14. 14<i. 
Corporation, 
Correction lines, 
Counterfeiting, 140. 

221 



222 



INDEX. 



Courts, 96, 147 ; chap, xii., p. 114. 
Credit, 136. 
Crimes, 12, 14. 
Criminal case, 211, 213. 
Custom, 8, 19, 20. 

Declaration of Independence, 

69, p. 169. 
Declaration of Rights, The First, 

p. 167. 
Departments, chap, xi., p. 103. 
De Tocqueville, p. 43. 
Diplomatic service, 199. 
District, 94. 
District courts, 219. 
District of Columbia, 152. 

Election, 87, 89, 178, 181. 
Electoral College, 179. 
Electors, 83. 
Eminent domain, 33. 
Envoys extraordinary, 199. 
Execution, 216. 
Executive, 95 ; chap, x., p. 93. 
Expenditures, 242. 
Ex 'post facto law, 157. 

Federal judges, 218, 219. 

Felony, 269. 

Feudal system, 52. 

Finance, chap, xiv., p. 133. 

Fines, 169. 

First Declaration of Rights, p. 167. 

Flag, 271. 

Foes of the Nation, 269. 

Fractional currency, 236. 

Franchise, 170. 

Franklin, p. 43. 

Freedom, 163. 

Freemen, 40, 48. 

Fundamental law, p. 9. 

Genebal Assembly, 94. 



Geneva award, 210. 

Geodetic survey, 200. 

Geographical unity, 223. 

Germany, 37, 46. 

Gifts, 162. • 

Gladstone, p. 63. 

Government, 20, 21, 22, 23, 24, 65, 

107. 
Governor, 95. 
Grand jury, 214. 
Guide meridian, 225. 

Habeas Corpus, 61. 

Hamilton, 200. 

Herdsmen, 6, 7, 8, 9, 10. 

Homesteads, 227. 

Hours of labor, 31. 

House of Representatives, chaps. 

vii., viii., pp. 64, 77. 
Householders, 165. 
Hue and cry, 50. 
Hundred, the, 42. 
Husbandmen, 13. 

Impeachment, 126. 

Inauguration, 185. 

Income, 101. 

Incompatible offices, 270. 

Indian affairs, 203. 

Indictment, 213. 

Individuals and society, 26, 28, 243, 

et seq. 
Industry, 17, 31, 244. 
Inferior courts of United States,219. 
Interior, Department of, 203. 
International copyright, 146. 
Inter-State Commerce Act, p. 1 1 0. 
Issues in politics, 258. 

Job, book of, 9. 

John, king of England, 54, 55. 

Joint rules, 123. 



INDEX 






Journal, 124. 
Judgment, 216. 
Judiciary, 96. 

Jury, 51, 168 ; chap. aiL, p 1 1 1 
205, 221. 

J\im. .Imiin signing Magna < harta, 
p, 80. 

Labor, 10, L6, 81, 97. 
Land, chap, siii., p 126. 
Langton, &rchbii hop, 5 L 

Language, '■>. '•', 16, 1 9. 
20, I"-. I 
! tender, 23 
I i lature, 94, 1 1<>. 
Liberty, 156, 264. 
Librarian, '.'7. 
Lieutenant-goi ernor, '.•7. 
Life-saving sen ice, 200. 
Lincoln, p. 18. 
Local < Government, p. 18. 
Longfellow, p. 162. 

M v. I. 11 1 

Magna I harta, : >~>. 

Mails, 142. 

Manufacturers, 16, 17. 

Map of Public I lomain, p. L26. 

Marshal, United Statea, 22a 

Mayflower < ompact, p. 16 1 

Membership of Congress, p 211, 

■Meridian in survey. 225. 

Message of President, 192. 
Militia. 151. 

Minister plenipotentiary, 199. 
Minority President, l B8. 
Mobs, 268. 
Monarchy, 22. 
Money, 140,281. 
Mulford, p. 63. 

Nation, chap xvii., p. 157, 



National hank i; 

National oont • Dtion, 
I M) 

Natural n_-litv __ 
slizatioo, I 

Nihilism, % 
Nominating • onventioii 

Oath 

I'm: ! ! 

i . 1 15. 

l'atr'nn h:il gOI .tnim-nt. 7. 

I 

l\ tit jury, 21 5 
Petition of right 
Platforms, 
Politics, 24, 27, 

•■ i . p. 1 16. 
Polk, B4, - 
Population of thi - Jll. 

wiwiYafat, 
Post-office, 20i 
Powers denied 1 1 1 « - States, 178, 
Powers «, chaps vii.viii.. 

i\ . pp. 8 1. 7" 

Powers of United S rta»218, 

Pre-emption, 228 
Presidenl oft ho Senate, 121. 
President of the Senate prDtaassere, 

121. 
Presidenl of the United States, 

chap. x.. pp. 98-102. 
Presidents, table o\\ pp, 212, 218 

9a 



224 



INDEX. 



Principal meridian, 225. 

Private property, 167. 

Problems in Civil Government, p. 

218. 
Proportional taxation, 158. 
Punishments, 169. 

Qualifications, 111, 117, 177. 
Questions developing the govern- 
ment of the State, etc., p. 216. 
Questions for debate, p. 220. 

Range lines, 225. 
Reforms, 262. 
Representation, 111, 112. 
Republic, 22, 171. 
Revenue, 131, 241. 
Revolution, 23, 70. 
Rules, 123. 

Sabbath, 34. 

Salaries, 127, 187. 

Savages, 2, 3, 4, 5. 

Saxon ideas, 48. 

School lands, 229. 

Science, 143. 

Seal, 271. 

Secretaries of State, table of, 212. 

Secretary, chap. xi. 

Section of land, 226. 

Senate, 116. 

Sentence, 216. 

Sergeant-at-arms, 114. 

Session, 125. 

Shire, 43. 

Smithsonian Institution, 143. 

Socialism, 269. 

Society, 26, 28, 33, 247. 



Sovereignty, 267. 

Speaker, 114. 

State, 71, 92, etc., 174, 175, chap. vi. 

Statue of Liberty, 163. 

Suffrage, 83, et seq. 

Supreme Court, 218. 

Supreme law, 98. 

Supreme power of Congress, 154. 

Table of Presidents, p. 212. 
Table of Secretaries of State, p. 212. 
Table of Vice-Presidents, p. 212. 
Tax, 51, 53, 68, 100, 135, 158. 
Territory, 105, 106, 153. 
Theocracy, 22. 
Title, 130, 162. 
Tools, 15, 16. 
Town, township, 9, 39, 40 ; note, p. 

61 ; 225. 
Town-meeting, 91. 
Trade, 67, 159. 
Treasury, 200, 233. 

Vacancies, 113, 118. 
Veto, p. 75. 
Vice-President, 182. 
Vice-Presidents, Table of, 212. 
Voting, 83, 85, 88, 180. 

War, 149, 201. 
Washington, President, p. 63. 
Wealth, 6, 16, 20. 
Weather Bureau, 206. 
Weights and Measures, 141. 
White House, 186. 
Whittier, p. 43. 



THE 



GOVERNMENT OF THE PEOPLE 



OF THE >T a ; 



PENNSYLVANIA. 




\V 1 1 I 1 \ M I ' 



PENNSYLVANIA 



^.^c 

CHAPTER 1. 

THE CIVIL GOVERNMENT OF PENNSYLVANIA IN 
HISTORY. 

l. The Commonwealth of Pennsylvania was founded 
by William Penn, under a charter granted him by Kin:: 
diaries 11.. March 4, 1681. Penn was born in 1644, in 
London, and, while a student at Oxford University, joined 
the Society of Friends. The Friends were among the Eng- 
lish emigrants to America during the last half of the sev- 
enteenth century. 



4 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

2. The Friends were not welcome in New England, on 
account of their religious opinions. They did not like 
New York because of " the worldly character of its in- 
habitants." They disapproved of slavery, hence they did 
not like Virginia and the Carolinas. Therefore they came 
to New Jersey, and in the years 1675 to 1680 they founded 
Burlington and some of the adjoining towns. 

3. New Jersey was settled under the fostering care of 
trustees some of whom were Friends, and among whom 
was William Penn. His relations with friendly settle- 
ments in New Jersey led him to think of founding a 
province based on friendly and just principles. 

4. Penn's influence with King Charles II. was sufficient 
to induce that careless monarch to give to Penn the region 
of country now known as Pennsylvania* King Charles 
gave away parts of America to his favorites with a lavish 
hand, and, as he was not particular about boundaries, 
his grants were the cause of many disputes long after his 
death, when the States attempted to fix their boundaries. 
The deed from King Charles to William Penn specifies 

"A tract of land in America lying north of 
Maryland, on the east bounded by the Delaware 
River, on the west limited as Maryland is, and 
northward to extend as far as plantable." 

5. The grant of this land to Penn was not one of mere 
favoritism ; the English Crown was indebted to the Penn 
family to the amount of £16,000— about $80,000 at the 
present time — which Penn's father, Sir William Penn, a 
distinguished British admiral, had years before advanced 
to the British Government. The admiral, moreover, had 
performed great services meriting recognition. 

6. Penn's request to King Charles for a grant of land in 
America as full payment of the debt enabled the king to 

* The original area was increased in 1786 by the purchase of the 
"Triangle," Erie county, from the government of the United States. 



THE ('IVIL GOVERNMENT 03 PI VN8YLVANU D 

pay it \< v\ i asily. B; I lish law. the laic 
belonged to the Crown by right «»i I 
nearly two hundred yean before. 

7. On the Uli of March, 1681, the king ligned 
by which " Pennsylvania "* was given t«. William Penn 
;iiid bia heirs for ever "n the condition that 1 1 * # - I 
the Penn family should pay tribute for it : 

" Welding .md paying th< n I . our h< u 

and Succeflbrs, two b >kins t«» b 

att our fanl ( aftle of Windfor, on the firfl 
Januarie, in i ire ; and alfo th< fifth | 

all Cold and Silver ( >are, which (hall from tim 
time happen to be found within the Limitl 
Paid, cleare of all Chai 

s. Penn had already thoughl out 
ment." One of hie fri< nda and n< ighbon n 
brated Algernon Sidney, a friend of mankind and i 
(ruder of the ideas of free government Sidney influen 
and aided Penn in making hie plan of goveran 
broad and liberal in character thai 
remain to this day. Because of his liberal ideas Sidney 
was soon after put to death on the charge of treason ; 
was convicted because he had written out his thoughts on 
free government. The manuscript was declared to be his, 

and he was condemned and executed, although the manu- 
script had never been published. 

<>. Penn brought Sidney's liberal idea- to America, He 
landed at Upland, now called Chester, October 27, L( 
and at onee issued orders for a general election to occur 
November 20. On December I he held fa bly. 

Penn never forgot his friend Sidney. He Bpoke as Sidney 
would have spoken when, in writing to the people of 
Pennsylvania, he told them that they should have law- 

* The original charter may -till be Been ft! HarrUhurc. and the 
State has published a full sized facsimile of it. 



6 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

makers of their own choosing and laws of their own mak- 
ing. He said, " I will put the power with the people " — a 
great idea in government — an idea made immortal by 
Abraham Lincoln in his speech at Gettysburg describing 
government as " government of the people, by the people 
and for the people.' 1 

10. This first Pennsylvania Assembly at Chester in 1682 
enacted " The Great Law or Body of Laws of the Province 
of Pennsylvania," consisting of sixty-six laws, which, with 
slight modification in two hundred years, are the laws of 
the Commonwealth to this day. By his charter Penn was 
made lord proprietor of his province. He had almost 
kingly power ; but, faithful to his ideas of government, he 
provided for a House of Assembly, for courts of law, for 
justices' courts and for county offices all of which are in 
existence at the present day. 

11. Penn himself was governor, and he sought assist- 
ance by creating a council of state, which, with the gov- 
ernor or his deputy, comprised an upper house in the 
Assembly. He made provision for the comfort of the 
people of the province by laying out the city of Phila- 
delphia and giving it a charter ; so that Philadelphia is the 
oldest incorporated city in English-speaking America. He 
made the price of land low, encouraged industry and 
economy, made provision for schools and for a university, 
and then returned to England. 

12. Penn's life was a benediction to mankind. He died 
in 1718. Montesquieu compares him to Lycurgus, saying 
that he overcame prejudices and "made peace his prin- 
cipal aim." He not only made Pennsylvania a home for 
the Friends, but a home for the persecuted of all nations. 
To Pennsylvania came Friends, Episcopalians, Scotch- 
Irish Presbyterians, and German Lutherans, and all were 
equally protected. In no other part of America was there 
so liberal and peaceful a spirit. 

13. The nationality of the people who made Pennsyl- 



THE CIVIL 00V1 R» VJ * / 0J P£ * «fi >7 r IJH i 7 

v;,,,,:, their home is traceable in many of the count • 

ommonwealth. The Bcotch-Iriah Bettled in the 
western pari of the State; the Friends settled in the south- 
eastern part of the State, in D( ' Philadelpl 
lei and the adjoining counti< - ; pi opl< of Gi ran 

ttied the rich counties of the ante 
More than two centuri - have passed, and th< 
of these early Bottlers are still to be found in th< - 
hone of Hi« State that their an u d. 

i i. ivim gave the people of this | Frame 

ivernment April 25, L682. [n this down 

gome principles of government well worthy of -Mr under- 
standing and applicable to us at the present tin 

• i u,im\\ K>m< Baj . 'Let us have g 1 laws, and no 

matter about the men that execute th< m :' bu1 Id th< m 
consider that, though good laws do well, good men do 
better; for good laws may want good men, and be 
abolished or invaded by ill m< n ; but good m< d will 
want good laws oor Buffer ill on< 

15, Penn said, further, that " the great end of all 
ernmenl " is " to Bupport power in i with the 
people, and to Becure the people from the al ow< r; 
that they may be free by their just obedience, and the 
magistrates honorable for their just administration; for 
liberty without obedience is confusion, and obedience 
without liberty is Blavery. To carry this evemn 
partlv owing to the constitution, and partly to the magis- 
tracy (the public officials chosen by the people); where 
either of these (ail, government will be Bubject to convul- 
sions; but where both are wanting it must be totally sub- 
verted; then where both men the government is like to 
endure. Which 1 humbly pray and hope God will please 
to make the lot of Pennsylvania." 

16. Penn's prayer has been answered. The principles 
of government which he advanced are the principles of 
our government to-day. He practised them faithfully. 



8 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

Although the king had given him the land and it was 
legally his property, yet Penn recognized the natural 
rights of the Indians who for ages had roamed over it. 
On the west bank of the Delaware, at Shackamaxon, now 
called Kensington, a part of Philadelphia, under the 
spreading arms of an ancient tree, Penn met the chiefs of 
the Indian tribes who lived on his domain, and entered 
into a solemn treaty of friendship with them. " We are 
one flesh and blood, brothers," said Penn to the Indians, 
to whom no Englishman had ever uttered such words ; 
and a great chief replied, " We will live in love as long as 
the sun and moon shine ; we will ever live in peace, Onas ;" 
and by that name Penn was always known to the Indians. 
The promise was never signed and never broken. Penn 
bought the land of the Indians, paying them in such 
things as they desired, and they took freely of blankets, 
axes, kettles, knives, beads and looking-glasses, for these 
things had great value in their eyes. 

17. The deputy governors whom the Penn family sent 
to rule Pennsylvania were not inspired with the principles 
of the great founder of the province. They valued Penn- 
sylvania only as a producer of wealth for their benefit. 
For many years there was a contest between the General 
Assembly of the province and its governor. The dispute 
was mainly about rents, taxes, the governor's salary and 
the governor's power to veto the acts of Assembly. 

18. Dr. Franklin, speaking of the veto power of the 
proprietary governor of Pennsylvania — and he might have 
said it of other colonial governors not elected by the 
people — said : " The negative of the governor was con- 
stantly made use of to extort money. No law what- 
ever could be passed without a private bargain with him. 
An increase of his salary or some donation was always 
made a condition ; till at last it became a regular practice 
to have orders in his favor on the treasury presented along 
with the bills to be signed, so that he might actually 



THE CIVIL GOVERNMENT 01 PI VN8TLVANIA 8 

receive the r<»niMr before be should sign the lata r. W 
the Indians w. re scalping 1 1 • * Western people, tie concur- 
rence <»!' tli' governor in the means of Belf-d< could 
iiof l.r got till it was agreed thai In- hould be 
exempted from taxation ; bo thai the people w< r< t«» ftghl 
lor the security «»i in- property, whilst he wm to bear do 
share of the burden/ 1 

iv. Iii L776 the colony of Pennsylvania becan 
and :i convention of the people, B< njamin Franklin chair- 
man, framed tin first State constitution, which continued 
the civil institutions of colonial tim< that tie 

< rnor was thenceforth elected by tin people. Th< i 
Assembly treated the Penn family justly, and in 1779 
granted to the heirs of Penn tin sum of 1524,000 in full 
Bettlemenl of all disputes and claims of the (ami 
the state of Pennsylvania 

SO. By the constitution of 1776 the legislatun 
of one bouse only, the Assembly -s name long familiar to 
the people. It is interesting to note thai t<» this day the 
laws of Pennsylvania are called " Acts of km mbly," :m<l 
not statutes, as in some of the States. In L789 l con- 

stitution was framed, and ratified in the following 
This constitution provided (bra legislature of two bodies 
and the usual tripartite government A third constitution 
was ratified by the people in 1838, and a fourth, now in 
force, in L873. In all these constitutions the ancient form 
of local government introduced by Penn has been main- 
tained. The duties <»t our county and township officers 
and their official titles are to-day the same as thej 
more than two centuries ago. 

91. The first seat of government of the State W8S in 
Philadelphia. In 1799 it was removed to Lancaster, where 
it remained for thirteen years. In 1812 it was removed to 
Harrisburg, the present Beat of the State government 

22. The principal changes that have been made in the 
government o( the State are in the creation of bureaus. 



10 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

commissions, boards and departments for promoting the 
general welfare of the people and protecting interests un- 
known in the early history of the State. These changes 
have been caused by the development of the interests of 
the State. 

23. The Commonwealth of Pennsylvania has been a 
field fruitful of great events, rich in great men and con- 
spicuous in the civil history of our country. It was in 
Philadelphia, September 5, 1774, that the first Continental 
Congress assembled and organized the Revolutionary Gov- 
ernment, based its authority upon the people, and issued 
the famous Bill of Rights for America. 

24. In 1775 the second Congress met in Philadelphia, 
on the 10th of May. It took into consideration the whole 
nation ; it organized an army and navy ; adopted a mon- 
etary system or Treasury Department ; established a Post- 
office Department; and issued the Declaration of Inde- 
pendence. Benjamin Franklin was made Postmaster-Gen- 
eral, and Robert Morris, another eminent Pennsylvanian, 
was chosen Financier of America. 

25. In 1786, in Philadelphia, there assembled the most 
celebrated gathering of able men ever seen in America 
— the men who framed the Constitution of the United 
States. 

" In that convention no other State could boast of such 
delegates as were sent by Pennsylvania. Foremost in fame 
was Franklin, who divided with Washington the admira- 
tion of the world. He was widely famed before many of 
his illustrious colleagues in the convention were born. 
In science, in diplomacy, in society, in letters, in practical 
business, in great public charities and in organizations of 
wide influence to this day, he was foremost; and of all the 
Americans in an age of great men, he is still more talked 
and written about than any save Washington. As presi- 
dent of his State he sat most influential in the delegation, 
and, though too feeble by reason of age to participate 



12 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

actively in the debates of the convention, by his presence 
and by his inexhaustible good humor and practical sa- 
gacity his influence was so great that it may be said that 
the Constitution could not have been framed without 
him." 

26. " Other influential Pennsylvanians in the conven- 
tion of 1786 were Thomas Mifflin, member of Assembly, 
and nine years governor of his State ; Robert Morris, the 
financier of the Revolution, delegate to Congress, a signer 
of the Declaration, first United States Senator from Penn- 
sylvania, and founder of the Bank of North America; 
George Clymer, one of the signers, a delegate to Congress, 
and afterward a member of the House of Representatives ; 
Thomas Fitzsimons, a famous merchant of Philadelphia ; 
Jared Ingersoll, the leader of the bar of the State ; James 
Wilson, a student at four universities, and the ablest con- 
stitutional lawyer in the convention ; a frequent debater ; 
afterward professor of law in the University of Pennsyl- 
vania, and appointed by Washington a justice of the Su- 
preme Court of the United States ; and Gouverneur Mor- 
ris, delegate to Congress, later governor of New York, and 
afterward one of its United States Senators. Morris was 
chosen by the convention to write the Constitution in its 
final form, because his colleagues recognized the finish 
and elegance of his style." * 

27. Pennsylvania, during the long Revolutionary strug- 
gle, was the scene of critical campaigns, of the suffering, 
hardships and sacrifices of patriots and of the varying 
fortunes of war. Valley Forge and Germantown and the 
valley of the Brandywine are historic spots. It was in 
Western Pennsylvania that the great struggle broke out 
between France and England for the possession of North 
America — a struggle which taught the colonies that 
they were capable of governing themselves. It was in 
Pennsylvania, at Gettysburg, that the world's greatest 

* From Thorpe's Story of the Constitution. 



THE CIVIL GOVERNMENT 01 PENNSYLVANIA L3 

battle for human freedom was fought m 1863 -a battle 
whose mighty and beneficent effects have rewritten the 
meaning of thai constitution of the nation first mitten in 
Pennsylvania three-quarten of a century b< I 

B8. Pennsylvania baa not been wanting in great mi 
jill department* of public affaire, ban 

Miillin, McKean, Snyd. r, II i< it I 
Hartranft. Among hi 
man, Gibson, Black and Shares I. 

is«>. In national affaire Pennsylvania h 
powerful influence. The first speaki i of th< l 
resentatives, Frederick A. Muhlenb from Pennsyl- 

vania. In Congress the Stat baa always been sb y 
sented, and among the ablest have been Albert i 
later secretary of the treasury, John Covode, David B. 
Wilmot, Horace Binney, Jared U, John Hickman, 

and Thaddeus Stevens, " the father of the public Bchoola 
in Pennsylvania." Among the United Bt 
from Pennsylvania are Robert Morris, Albert Gallatin, 
• <• M. Dallas, James Buchanan and Simon ( 
Of these, Buchanan became a president and Dallas a vice- 
president of the United States. Thia Commonwealth haa 
furnished three secretaries of state; seven secretai 
treasury; six secretaries of war, among them Edwin If. 

Stanton ; fcWO secretaries of the na\\ I ry of the 

interior; three postma fen attoi 

era! ; five justices o\' the supreme court ; three 
dents pro tern of the Senate: and four Bpeakera of the 
House o\' Representative s. 

80. In educational atVairs Pennsylvania has always 

manifested a commendable interest. Common schools are 
established in every township throughout the State, and 
through the influence of the system of county superin- 
tendents, aided by intelligent and earnest teachers, they 

are constantly advancing in efficiency and usefulness. 
High schools are found in all the chief cities and 



14 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

boroughs. Thirteen State normal schools aid in training a 
body of professional teachers. Academies, seminaries and 
select schools are to be found in every part of the State. 
More than twenty colleges offer opportunities for advanced 
study. The University of Pennsylvania, first suggested by 
William Penn, and founded by Benjamin Franklin in 
1740, is the fourth in order of time of the American 
universities. 

31. Pennsylvania is known as the " Ke} 7 stone State " — 
a name suggested not only by the geographical position of 
the Commonwealth among the original thirteen States, 
but, in a large sense, on account of the moderation and 
wisdom of the action of the State in public affairs — a posi- 
tion referred to in an old popular song of 1790 : 

" Still Pennsylvania holds the scales, 
And neither South nor North prevails." 

In whatsoever direction we pursue the history of Pennsyl- 
vania, we meet with great men and deal with great ideas. 
Her founder set the fashion of her history, and her 
founder was one of the world's great and good men. 

32. What shall be the future of our Commonwealth ? 
That future depends upon the men and women, the boys 
and the girls of to-day. It is they who make the State. 
" Virtue, liberty and independence " can be spoken only 
of an intelligent, high-minded, industrial and law-abiding 
people — a people who build their government upon the 
deep foundations of the home. Throughout the wide 
world there is no other land so full of opportunities 
as our own. We are free to make our institutions ideal in 
their perfection. But our civil institutions depend upon 
the citizen for their strength and character. He makes the 
government in township, county, State and nation. His 
interests are entrusted to public servants of his own choos- 
ing. Upon him fall both the responsibilities and the bless- 
ings of free government. At the fireside we hear the story of 



THE CIVIL GOVERNMENT 01 PENNSYLVANIA 15 

Washington and of Lincoln ; in school we Learn of the mak j 
ing <>i th< ni'l of the nation ; we learn the nature 

of the State, its organization and it- administration. We 
Leave Bohobl and enter upon the active duties of life. 
Then our influence ia for or against men! : we 

hinder or \\«' promote the general welfan M 

child of five yean Lx came king of 1 I "mil 

be was old enough to take upon himself thi if hie 

kingdom hie guardians ruled in his name. On th< 
wlicn he became of age his minisfa r inquired of him, 
" Sire, t<> whom shall I now n poi I pli< <l 

the king; " I am the state." And in this country, when 

a youth enters upon his manh 1 years, he may w< 

u I am the Btate. It- interests, it- honor, it- historj 
mine also." Popular government on a < or the 

lirsi time on trial in this country. It i- upon tli< in<li- 
vidual citizens that its destiny depends. The work ol 
government is our work. l< With malice toward i 
with charity for all ; with firmness in the rig] 
gives u& i" si e the right, l»t us Btrive on to finish the work 
we are in." And we may then confidently expect the 
blessings of Providence to rest upon the Commonwealth 
of Pennsylvania. 



J ill -KM. 01 UK -I Ml "I I'l 





CH A PTER I I 

THE CIVIL GOVERNMENT OF PENNSYLVANIA AT 
THE PRESENT TIME 



« . 



The Commonwealth. 

:$;i. The Citizen. — The Constitution of the United S 
provides thai "all citizens bora or naturalized in the 
United States and subjecl to the jurisdiction tl, 
are citizens of the United States and of the State wherein 
they reside." Hence nil men, women and children bora 
or naturalized in the United States and Bubjed to the 
jurisdiction thereof, residing in the State <»t' Pennsylvania, 
are citizens of both the United states and of the State of 
Pennsylvania. Bui all citizens are not electors. The 
elector is a citizen who has the right to vote. The Consti- 
tution of the State prescribes the qualifications of an elec- 
tor. {See Art. 17//. page W*) 



* Reference is made to the Constitution to familiarize the pupil with 
the Constitution itself, and to lead him to seek for information at the 
fountain-head. 

i: 



18 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

34. The State Government. — The government of the 
Commonwealth of Pennsylvania is vested in three depart- 
ments — the legislative, the executive and the judicial. 

35. The Legislative Power of the Commonwealth is 
vested in a General Assembly consisting of a Senate and a 
House of Representatives. {See Art. II. Sect. 1.) 

36. The General Assembly or Legislature meets at 12 
o'clock noon on the first Tuesday in January of every 
second year (1893-95-97, etc.). It makes all the laws of 
the Commonwealth, but the laws it makes must not con- 
flict with the Federal Constitution nor with that of the 
State, or they may be declared unconstitutional by the 
courts, and therefore null and void. These laws provide 
for the dealings of the citizens with each other, such as 
making contracts and partnerships, buying and selling 
lands, houses, goods and property of all kinds, making 
mortgages, deeds, promissory notes, checks, etc. ; for the 
organization and government of corporations such as in- 
surance, railroad, telegraph, telephone and manufacturing 
companies ; for the prevention and punishment of crime ; 
for the establishment and support of charitable and educa- 
tional institutions; for establishing and regulating courts; 
for the government of counties, cities, boroughs, town- 
ships and school districts ; for the method of procedure in 
courts ; for the qualifications of electors ; and for all other 
matters in which the citizens of the State may have any 
interest. It is the duty of the General Assembly to make 
such laws as will promote the general welfare of the people 
of the State. All the laws of the State are enacted " by the 
authority of the people of the State." 

The State is divided by the General Assembly for elec- 
tion purposes into representative districts, State senatorial 
districts, congressional districts and judicial districts. The 
Assembly determines all matters connected with the taxa- 
tion required to furnish the income for carrying on the gov- 
ernment of the State. It elects two persons to represent 



THE COMMONWEALTH. 19 

the people of the State in I 

Members of the General Assembly 

their services ; they are supplied with 

they may Q( i -I .-it the exp< 

allowed a sum <»t money call* d to pay I 

eling expense - in going to and rctm 

the Assembly. I Set Art If. 8 

:J7. The Senate consists of fiftj 
senatoria] districi into which I - dn j.i, ± 

Art. II. Sect. 16.) The senator from each districi 
by the electors of thai districi b >r four y< 

lieutenant-governor of th< - 

ii.' 1 ' N. is doI s in- ml., r of t - . and has 
no right to vote exa pi wru d tin 
equally divided. Tin 6 wn mi ot- 

hers president pro U mpo ■ . n bo appo 
unli B6 the 8< oate ordi re oth< m ise, and vi i 
ident when the lieuti oant-g< 
lias iln- Bole power t«» try impeachments and t< 
appointments made by the governor. 

:{s. The House of Representatives two 

hundred and fifty-four members, chosen to :■ two 

years by the elector- in the different repn a otatn 
into which the Stale ia divided. S U. & 

Each districi elects it- own representatives. Th< 1 
elects one of its members as presiding officer or speaker. 
who appoints all the committees unless tin 11 - other- 
wise orders. The House has the sole righl to institute im- 
peachments and to originate bills for raising rev* nu( 

:$!>. How the Laws are Made. — The manner of making 
laws by the General Assembly is practically the same as 
in the Congress of the United States. 

A law may originate in the form of a bill in either 

• For the qualifications of senators and represental L II. 

Sect. 5. 



20 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

house (except a bill for raising revenue, which must 
originate in the House of Representatives). 

The bill must be referred to a committee, returned there- 
from and be printed for the use of the members. 

It must be read in full in each house on three different 
days, and on its final passage it must, in each house, re- 
ceive the assent of a majority of the whole number of 
members, voting by yeas and nays, and the name of each 
member voting, and the way he voted, must be entered on 
the journal of each house respectively. (See Art. III. Sect. 4.) 

If the bill be changed or amended in any respect by the 
other house, it must be returned to the house in which it 
originated, and the amendments must be approved by a 
majority of all the members, voting by yeas and nays, and 
the name of each member voting, and the way he voted, 
must be entered on the journal. (See Art. III. Sect. 5.) 

If agreed to by a majority of all the members of both 
houses, the bill is sent to the governor. If he approves it, 
he signs it and the bill becomes a law. If he does not 
approve it, he vetoes it — i. e. he returns it with his objec- 
tions to the house in which it originated. If both houses 
re-pass the bill by a two-thirds vote of all the members, it 
becomes a law without the approval of the governor. If 
the governor fails either to sign or to return the bill within 
ten days from the time it was presented to him, it becomes 
a law, unless the Assembly, by adjourning, prevent its 
return, in which case it becomes a law unless the governor 
files the bill, with his objections to it, in the office of the 
secretary of the Commonwealth, and gives public notice 
of the same by proclamation within twenty days after 
the adjournment of the General Assembly. (See Art, IV. 
Sect. 15.) 

40. The Executive Department of the Commonwealth 
is vested by the constitution in the governor, lieutenant- 
governor, secretary of the Commonwealth, attorney-gen- 
eral, auditor-general, State treasurer, secretary of internal 



ill!-: COMMONWEALTH, i\ 

affairs and superintendent of public instruction, <>'<< 
IV. Sect, i.) 

\\. The Governor.— 'I'lir supreme executiTe pow< 
the State is vested in the governor. He if choeen by the 
electors of the State to * rve one term of fbui and 

i- nut eligible to the office for the next succeeding term. 
His salary is 110,000 per annum. Ii is his duty to inform 
the ( General Assembly of the condition of I to 

recommend to its consideration such measures ai he may 
think ueceesary and expedient and to see thai the I 
are faithfully executed. Ee is the commander-in-chi( I 
the militia of the State, except vrhen it is called into the 
actual service of the United States. Be has the power 
to appoint, Bubject to the consent of the Senafe 
Dumber of important officers; to till vacancies that may 

occur in any office under certain restriction- I \ 

/ V. Sect. 8) ; to remit finee at reprieves ; and, on the 

recommendation of the board of pardons I I TV. 

Sect 0), to grant commutations of sent oce and paid 

to persons convicted of crime, except in cases of hnpeaeli- 

nient ; to vet<» bills that he does not approve; to disap- 
prove o( any item of ;i l>ill appropriating money, and 
approve of other items of the same bill ; to call th< 8 
together to transact executive business only ; to convt 

Doth houses on extraordinary occasions; and it' at anv 

time the two houses disagree as to adjournment, he can 
adjourn them for such time, not exceeding four month-, 
as he shall think proper. All hills passed by the General 
Assembly that he approves, he signs, and they arc then 

laws.* 

* The Private Secretary of the governor hai charge ofth< 

ernor's offieial correspondence, ind receives nil applications tor appoint- 
ments, commissions, etc. lie remains at the executive office tor the 
transaction of such husiness as may not require the personal attention 
of the governor, and to notify him of such M may need his immediate 
action. He is the secretary of the board of pardons. 



22 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

42. The Lieutenant-Governor is chosen by the electors 
to serve one term of four years, and is not eligible to the 
office for the next succeeding term. He is ex-officio the 
president of the Senate. In case of the death, resignation, 
removal from office or disability of the governor, the pow- 
ers, duties and emoluments of the office devolve upon the 
lieutenant-governor. In case of the death, resignation, 
removal from office or disability of the lieutenant-governor, 
the president pro tempore of the Senate becomes governor.* 

43. The Secretary of the Commonwealth is appointed 
by the governor. He keeps a record of all the official acts 
and proceedings of the governor. He is the keeper of the 
seal of the State, and affixes it to such instruments as the 
law requires ; he is the custodian of all laws passed by the 
Assembly ; they and the veto messages of the governor 
are prepared for publication under his supervision ; the 
official bonds of all officers and notaries public f whom the 
governor commissions are kept by him ; all appointments, 
commissions and proclamations issued by the governor are 
countersigned by him, and a record of them kept in his 
office ; all proceedings of corporations, such as their organi- 
zation, their charters, change of name and the increase or 
decrease of their capital stock, are under his scrutiny; he 
is the custodian of election returns of all national, State 
and county officers who receive executive commissions; 
he compiles and publishes the returns of the State elec- 
tions ; he keeps a record of all death-warrants, respites, 
commutations and pardons. He is the agent of official 
communication between the State and other States and 
the United States. 



* For the qualifications of the governor and lieutenant-governor see 
Art. IV. Sect. 5. 

t The Notary Public is appointed by the governor. He is em* 
powered to administer oaths. His chief duty is to attest signatures, 
statements, deeds and other documents, and to place his seal upon them 
as evidence of their authenticity. 



THE COMMONWEALTH 

44. The Attorney-General is appointed by thi 
ernor. He is the legal adviser of the governor and of 
the heads of departments ; b< - attorney for the 

Commonwealth in all legislation to which it may be a 
party, and be prosecutes all claims of the Commonwealth 
against other part 

i:>. The Auditor-General is chosen by the elect 
il 1( . State to serve one term of thn i A eli- 

gible to tlic office for the aexl og term. II 

amines the condition of the State treasury annually: he 
examinee and settles all accounts between the Common- 
wealth and other parties ; be has the power to compel the 
attendance of .-til persons having ar.-«.unt- -t the 

State, to cause them to produce their l ks and pap 

examine them under ..aih.an.lt.. commit to prison any 

one who refuses to appear, to produce bis 1 ks or to 

testify. 

hi. The State Treasurer is chosen by the i 
serve one term of two years, and is not eligible to the 
office for the next succeeding term. For the faithful per- 
formance of In- duties be gives a bond, >ry to the 
governor, in the sum of 1600,000. It is his duty to re- 
ceive and receipt for.all money paid into the State treasury, 
and to pay all warrants drawn by the proper offio 

IT. The Secretary of Internal Affairs is chosen by the 
electors to serve for four years. He inquires int.. the rela- 
tions of capita] and Labor in their bearings upon the - 

educational and industrial welfare of all classes of work- 
ing-people, and exercises supervision over railroad, bank- 
ing, mining, manufacturing and other corporatioi 
is. The Superintendent of Public Instruction 
pointed by the governor for a term of four years. He bas 
supervision of the public schools of the Commonwealth ; 
commissions county, city and borough superintendents 
and conducts the annual examinations of studeir 
graduation in the State normal Bchools. When required, 



24 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

he explains to citizens or to school-officers matters con- 
nected with the school law, the duties of school-officers, 
the rights and duties of parents, guardians, teachers and 
pupils. He signs all orders for money to be paid out of 
the appropriation to common schools ; he reports to the 
General Assembly the condition and requirements of the 
common schools. 

49. Administrative Officers, Bureaus, Boards and 
Commissions, created by acts of Assembly from time to 
time as required, assist the executive officers in adminis- 
tering the government. They are generally appointed by 
the governor, with the consent of the Senate. They are the 
adjutant-general,* the State librarian, the superintendent 
of public buildings and grounds, the State printer, the su- 
perintendent of banking, the State board of agriculture, 
the factory inspector, the bureau of statistics, the insur- 
ance department, the board of public charities, the State 
committee on lunacy, the State board of health, the State 
fishery commission, the State board of trade, the commis- 
sion of soldiers' orphan schools, the State pharmaceutical 
examining board and the State boards of medical exam- 
iners. The names of these officers and boards indicate 
their duties in the work of carrying on the government 
of the Commonwealth. 

50. The Judicial Power of the Commonwealth is 
vested in a supreme court, and in lower courts known 
as. courts of common pleas, courts of oyer and terminer, 



* The adjutant-general is appointed by the governor. He is chief of 
the governor's staff and is his military executive officer. He issues all 
orders to the National Guard of the State. Every male citizen of the 
State between eighteen and forty-five years of age, if not exempted by 
law, belongs to the militia. The organized militia constitutes the 
National Guard of the State. It consists of one division commanded 
by a major-general ; the division is composed of three brigades, each 
commanded by a brigadier-general. 



rill: COMMONWEALTH 

courts of quarter of the i ourte, 

magistrate - i ourts and justio s' ooui 

:>i . The Supreme Court «,, i , 
by the electors of the entiri - They are elect 

one term of twenty-on< nd are uot eligible i 

election. The jurisdiction of the supreme courl 
over the entire State. Most of the cases decided by the 
supreme courl are brought before if by appeal from 1 1 1 * * 

lower courts, although it decide- -..in. e.-iM-s tli.it originate 

in the supreme court It- decisions are final, excepting 
for a certain class "i cases designated by the Federal 
Btitution, which may be appealed t«. the United 8 
courts. 1 8a Art I Sect 

58. The Lower Courts.— The CommonweaHb i- di- 
vided into fifty-one judicial districts 
Bach enmity having a population of forty thousand or 

more Tonus a judicial district Counties having .1 leflS 

population arc joined together t«» constitutes district, of 
are attached to a contiguous district N"t more than four 
counties can be included in one district The judgi 

the court- in each judicial district BJ D by tic 

tors therein to Berve for ten years, and they may I 
elected for succeeding terms. The court- of common pleas 
decide civil cases ; the court- of oyer and terminer decide 

such criminal cases as murder. ar>on. burglary, etc. ; the 
courts of quarter BeSSions decide minor criminal 1 
and the orphans' courts settle the estates of deceased per- 
sons. Magistrates 1 court-, having jurisdiction in police 

eases, minor violations of law. and in civil cases in which 

the value in dispute tines not exceed one hundred dollars. 
are established in the city of Philadelphia, and jus 
courts with the same jurisdiction are established in the 
townships throughout the State. 

5.'5. The Income of the State is derived from ft 
eeived for granting charters, from taxes on the capital 
stock of corporations and associations, on loans created by 



26 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

corporations, on the gross receipts of transportation and 
electric light companies, on premiums received by insur- 
ance companies, on the net earnings of brokers, private 
bankers and saving institutions; from the sale of land 
belonging to the State, from licenses, fines and penalties, 
from interest on Government bonds owned by the State, 
from the State tax on personal property and from various 
other sources. 

54. The State Tax on Personal Property is a tax of 
four mills on the dollar, payable by every citizen who is 
the owner of a mortgage, promissory note or obligation of 
any kind bearing interest ; of certain kinds of bonds and 
stocks ; of vehicles to hire ; or of an annuity yielding over 
two hundred dollars annually. 

The County. 

55. The County.— The State of Pennsylvania is made 
up of sixty-seven counties, each of which has an organized 
government of its own, subordinate to the government of 
the State. The form of government is the same in all of 
the counties, and is prescribed by the General Assembly. 
(See Art. XIV.) Each county is a corporation. The officers 
of the county are the judges of the courts, the clerk of the 
court, the prothonotary, the recorder of deeds, the register 
of wills, the. district attorney, the county solicitor, the 
county commissioners, the sheriff, the count}' treasurer, 
the county auditors, the county surveyor, the county 
coroner, the directors of the poor, the mercantile ap- 
praisers, the jury commissioners, and the county superin- 
tendent of schools. All of the county officers except the 
mercantile appraisers and the county superintendent of 
schools are chosen by the electors. 

56. The County Courts are the courts of the judicial 
districts into which the State is divided. (See Art. V. Sect. 
5.) When several counties unite to form a judicial dis- 
trict, each county has its own court, but the same judge 



THE OOVNTT. W 

or jud orisdiction in tip fthe difl 

counties in the district The numb nd of the 

judges in each district is determine d by the amount of Its 
population. In some of the count of all 

four classes of courts, common pl< 
quarter sessions and orphans 1 court • one 

court with not more than three judg< s, while in Phi 
phia sixteen judges are n quired to 
of the courts, and th( re are four o ommon , 

alone. The courts are instituted to defc nnin< and pi 
the rights of the people. Bom( tim( - a p rson who 
decided against him »r appeals it to tl 

premecourt of the State, but usually Buitsat lav 
in the Lower courts. 

:,7. The Clerk of the Court, the Pv< >thonotary. the 
Recorder of Deeds and the Register of Wills I 
nally the duties of these four offi< i performed by 

one person, the prothonotary, and at tin present time, in 
Borne of the counties of the State having s small popula- 
tion, only one officer is elected t.» act ;<- prothonotary, clerk 
of the court, register and recorder. 

The duties of the clerk of the court are mainly cl( 
He attends personally :>t all the sessions of the court, 
makes ;i record of it- proceedings, certifies to thea 
ords, issues attachments <>r notices calling int.. court such 
pereons as the judges may direct t<> be present, and per- 
forms such other clerical duties as may !"• i He 
is the clerical officer of the court 31 

The prothonotary has charge of the seal of the court, 
and he affixes it to all writs, pn nd documents 

thai require it. The records of all the civil busun 
the court are in his possession. All judgments th< 



* r»v the ad of tssembly of I893the clerk o\' the orphans' court keepe 
■ record of births and deaths in the county, from report- famished br 

the assessors of taxes. 



28 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

of the trial of civil cases are entered on his record. He 
is empowered to administer oaths and affirmations in 
conducting the business of his office. He reports an- 
nually to the secretary of the Commonwealth the num- 
ber and nature of criminal cases, acquittals and convic- 
tions in the criminal courts. 

In the office of the register of wills are recorded the 
wills of all deceased persons that require to be probated, 
that is, adjudicated and settled according to law. The 
division of the estate of a deceased person according to 
the terms of the will is made under the supervision of 
the orphans' court. 

The recorder of deeds is an important officer to the com- 
munity. He has charge of the books in which are entered 
the record of all transfers of real estate. 

The people are constantly buying and selling land, 
making agreements, executing deeds and mortgages, form- 
ing partnerships and contracts of various kinds. All 
transfers of property in the county showing the chain of 
title to lands, and all deeds, mortgages and many other 
papers, are by law required to be recorded in the office of 
the recorder. So important is the matter of time in re- 
cording these documents that every paper entered of rec- 
ord is marked with the exact day of presentation : some 
papers, such as mortgages, are marked with the exact hour 
of the day when presented. The purpose of so much 
detail is to fix exactly the time when a claim of right is 
made. Claims of right often rank according to their 
priority. 

58. The District Attorney. — It is the duty of the dis- 
trict attorney to prosecute all persons charged with the 
commission of crime or offences against the law, and who 
are brought before the court for trial. 

59. The County Solicitor appears before the courts 
and acts for the county in all civil actions to which the 
county is a party. He advises the county officers on all 



the covm 

matters of Ian bed with their departments, and in 

general act* for the county in .ill ex- in which it- 
interests an affected. He is the county's counsellor-at- 
law. 

<M>. The County Commissioners are three offio P8 who 
exercise supervision over the public buildings of the 
county, such as the court-house, the jail and the ; 
house; they determine the amount <»!' money n.««— ;iry to 
be raised by taxation for the government ol the county, 
and apportion it among the townships and boro 
they instruct the assessors; they verify th< standan 
weights and measures, so that the people shall not be 
cheated by false balances; they provide suitable polling- 
places throughout the county ; they authorise the payment 
of county funds; they represent the county when 
;it law is on trial in which the county is s party. The 
laws regulating their duties are passed by th< l 
Assembly. 

m. The Sheriff is the executive officer <»t the county 
and of its court-. ll< is the constable of the county, and 
has jurisdiction over all it- territory. The da 
county court, if to be executed in another count; 
cuted by the sheriff of that county; it' to be executed in 
another state, they are executed, with the approval and 
direction of the governor of that State, through a sheriff 
in that State. It' a taxpayer refuses to pay his tai 
real estate after assessment and demand by the proper 
officers, the sheriff is empowered by the State to seise the 
property of the delinquent and expose it for Bale. Prom 
the proceeds of the sale he deducts the taxes, the expense 
of the legal proceedings ami sale, and return- the remain- 
der, it' any, to the former owner of the estate. He f 
all processes of court both in civil and criminal matters. 
From the nature of his office he receives large sums ot" 
money, and is consequently under heavy bonds. II. is 
usually the highest paid officer in the county. He has 



30 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

the care of the county prisons, and is responsible for the 
safekeeping of the prisoners. He issues proclamations for 
all elections, and is required to maintain the peace of the 
county, and for this purpose may summon the posse comi- 
tatusy and, if necessary, through the governor and the Pres- 
ident, call upon the entire power of the State and of the 
nation. 

62. The County Treasurer receives all moneys paid 
into the county treasury, such as taxes, fines and license- 
fees. The tax-collector's books are filed in his office. 
He pays out the county's money upon warrant signed by 
the county commissioners or by other officers, as provided 
by law. In his office are preserved the financial records 
of the county. He is under bonds for the faithful perform- 
ance of his duties. 

63. The County Auditors are three officers whose duty 
it is to examine the accounts of officers who have re- 
ceived and disbursed the county's money, and to jDublish 
an annual report of the county finances. 

64. The County Surveyor is elected to secure accuracy 
and skill in the construction of roads and bridges and in 
the survey of land. He is frequently consulted concern- 
ing the topographical interests of the county, and his 
knowledge tends to bring all engineering work done for 
the county to a desirable uniformity and economy. He 
issues maps of the county, makes plots of various sur- 
veys, and frequently serves the cause of justice by sur- 
veying disputed claims. 

65. The County Coroner. — The principal duty of the 
coroner is to hold an inquisition, commonly called " the 
coroner's inquest," with the assistance of a body of b)^- 
standers, called " the coroner's jury," over the body of any 
person who may have come to a violent death or who has 
died in prison. The duties of the office are of great im- 
portance to society, both in bringing murderers to punish- 
ment and in protecting innocent persons from accusation. 



THE TOWNSHIP. ;;1 

<k; The Directors of the Poor an 

take care of and provide for the j r of the i tth 

money obtained by taxation. 

67 The Mercantile Appraiser ifl appointed DJ 
County commissioners tu 

merchandi 

88 The Jury Commissioners are two Officen 

connection with one of the judgi 

body of electors of the county a sufficient oum 

sober, intelligent and judicious p 

in cases brought before the courts for trial 

89. The County Superintendent of Schools- 

officer is elected by the bc! 1 din 

sembled in convention His duties 

license teachers, to conduct teachers' institul 

erally to promote the educational inter 
the county, and to report annually to tl • - rin- 

tendent the condition of the schools of the county. 

The Township. 

to. The Township. Each county in this - 
ma de up of townships, each of which has an organiied 
local government, subordinate to the government oi 
county in which it is Located and to the government of 
the state (&< Art A71 - The form of local gov- 

eminent is the Bame in all the townships of t 1 - and 
is prescribed by the General Assembly. The townshi 
the unit <^' civil government in the State. The offia re 
the township chosen by the electors are the justice of the 
peace, the constable, the school directors, the Bupervu 
of roads, the assessor of taxes, the tax-collector, the audi- 
tors and the township clerk. For election purposes the 



• In Philadelphia and in Allegheny county the mercantile ap] 
are appointed by the judges o\ the court* 



32 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

electors choose one judge and two inspectors; each in- 
spector appoints one clerk. 

71. The Justice of the Peace. — The humblest court 
in the land, the court upon which all other courts are 
founded, and the court of greatest antiquity, is the jus- 
tice's court. The justice of the peace presides in this 
court and hears and determines suits at law. These suits 
grow out of the interests and disputes constantly arising 
in every community. Usually suits in which the value in 
dispute is not more than one hundred dollars are decided in 
a justice's court. From this court the parties may appeal 
to a higher court, until, if the law allows, the highest court 
in the land may at last decide the case. Under some cir- 
cumstances the justice of the peace is empowered to per- 
form in the township the duties of the coroner. 

72. The Constable holds an office of great antiquity. 
He executes the orders of the justice of the peace. He is 
responsible for the peace of the community. While acting 
ujdoii the orders of the court he represents a supreme 
authority. If he is unable to arrest an accused person 
because of violence, or to subdue a riot, he may call upon 
the posse comitatus to help him. If this aid is not suf- 
ficient, he may call upon the county sheriff, who in turn 
may call upon the governor of the State. If the State is 
unable to quell the violence, the governor may call upon 
the President, who shall in that case employ the armed 
forces of the United States for the maintenance of the laws 
of the State. 

73. School Directors. — The educational interests of 
the community are committed to a board of six directors. 
The school directors are empowered by the law of the 
State — 

1. To regulate the length and occurrence of the school 
term, the order of school studies, the selection of text- 
books and the supply of school material and furniture. 

2. To employ and discharge teachers or superintendents. 



i if i TOWNSHIP. 33 

The authority of the teacher is Bimilar to thai of the pa- 
rent The la* saya thai srhat b parenl may do, a teacher 

i m ay do, bo fax as the teacher is by the authority 
thedirectora placed in charge of pupils. This authority 
[ ven to the directors by the people at the annual Local 
election. 

:; To determine the amount of money to be raised by 

taxation for school purposea that is, for building bcJ I- 

l,,,us.s and for maintaining schools. 

74. The Supervisors of Roads an responsible for the 
condition of the public roads. They k» p b record 
their receipts and expenditures, and submit the Ban* 
the township auditors. The highways of this country 
;»s a rule, inferior to those of Europe. 

-.->. The Assessor of Taxes receives from the county 
commissioners a statement of the amount of money 
quired from the township as its sh;nv «»i th. ,\p. • - 
the county. To this amount be adda the Bum necessary 
for township purposes, and the whole amount is raia d by 
taxation. He assessea the value of all the real estate in 
the township, and apportions to each property-owna 
proper share of the amount to be raised. Opportunit; 
given to the taxpayer to have correction made, if n© 
aary,in the valuation of bis property. The elector who 
owns no property is required to pay a pott tax. Citi 
who pay a state tai report to the assessor the valu< 
property belonging to them liable to the Stat. | 

m. The Tax-Collector collects from the taxpayers the 
amount of tax due from them, The methods of collecting 
taxes vary in the State. In some township- the collector 
chosen by the electors collects only the county tax and the 
State tax; the school directors appoint a collector for the 
school tax, and the supervisor of roads collects the road 



* The State tax is ■ tax of four mills on the dollar on certain kinds 
of property, and ifl collected for the 096 o( the State. I 8* \ H pap 26.) 
3 



34 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

tax. In other townships the tax-collector chosen by the 
electors collects all the taxes. 

77. The Auditors. — In order to learn from time to time 
how the township money is being used, three auditors are 
chosen by the electors, who annually examine the books 
and all the accounts of the township, and publish a report 
showing the receipt and expenditure of the township 
money. 

78. The Township Clerk. — In olden times it was the 
duty of the town clerk to keep an " accurate recorde of 
what doth happene within ye metes and bounds of ye 
towne." At the present time, in this State, his principal 
duty is to act as secretary for the supervisors and to look 
after stray cattle and other animals. In some of the States 
the town clerk keeps a record of births, marriages and 
deaths and of the transfer of property. An accurate record 
of these events in the community is frequently of value in 
determining the ownership of property and the rights of 
citizens. Our social affairs would be much more orderly 
if a careful record of these events were kept in every com- 
munity. 

The Borough. 

79. The Borough. — When the population of a com- 
munity increases to such an extent, and its interests be- 
come so varied, as to require a form of government, with 
greater powers than that of the township, it usually forms 
itself, by a vote of the electors, into a borough. In a 
small, newly-formed borough the government is similar to 
that of the township, the main difference being the pro- 
vision for a council chosen by the electors. In the larger 
boroughs, having a population of several thousand, the 
form of government is the same as in the small boroughs, 
but is more complex, owing to the more varied and diverse 
interests of a greater number of people. When the popu- 
lation of a borough amounts to ten thousand, it may be 



THE BOBOUQR 

chartered u a city, it' a majority of th< 

era! election shall >«> decide. 8» A t 2 f.) I" 

m0S j f the States our large boroughs would led 

,.,,,,.. The officers of the borough are the chief burgi aa ot 

mayor, the councilmen, tax-collector 

supervisor of roada and highways, justice of th< 

school directors, Buperintendenl of schools* and constable. 

so. The Chief Burgess or mayor ic i by the 

electora to serve one term ofthrei id la do! eligible 

to the office for the next suco i ding term. B 
member of the council, and his only duty ia to appn 
and sign ordinances and resolutions pas* -1 bythe council, 
or to veto them If he doea not approve th< m. 

si. The Council,— The members of the council ore 
chosen by the electoro. They elect one of their own num- 
ber to serve as president. It la their duty to take such 
action andenad such laws as will promote the general 
welfare of the people of the borough. The laws tl 
make must nol conflict with the laws of the Stat 
the United States, The Interests considered by the coun- 
cil are highways, cro ire of the poor, scl Is, pub- 

lio health, water-supply, lighting the borough, police ser- 
vice, suits at law to which the borough Is a party, and all 
other matters <>f Interest to the people of the borough. 
The rate of taxation in (he borough Is fixed by the coun- 
cil, and the borough expenses are under its control; it 
examines all bills, and. if correct, makes orders on the 
treasurer for payment of the same. It appoints a clerk or 
secretary who keeps a record of all the transactions of the 

council. 

82. The Treasurer is the keeper of the boroughlB 
money. The taxes collected for the use of the borough 

* Sometimes, in newly-formed and small boroughs, the schools are 
under the jurisdiction of the Bchool directors of the township in which 
the borough is located, [n such cases the borough has no separate 
school organisation with directors and superintendent 



36 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

are paid to him ; he gives a bond for the faithful perform- 
ance of his duties ; he receives the money from the tax- 
collector and receipts for it ; he receives all fines, license 
money and penalties; he pays out the money of the 
borough on the order of the council, duly presented in 
writing* 

The City. 

83. The City is a centralization of humanity and hu- 
man interests. The government of a large city is more 
complex than the government of the State in which it is 
located. It is a corporation, and carries on its government 
under a charter granted by the State. The charter names 
the city, erects it into a political community and enumer- 
ates its privileges. The General Assembly may from time 
to time make such changes in the manner of conducting 
the government of a city as may be deemed expedient. 

84. Classification of Cities. — The cities in this State 
are classified as follows : 

First class, having a population of 300,000 or over. 
Second class, less than 300,000 and more than 100,000. 
Third class, less than 100,000 and more than 30,000. 
Fourth class, less than 30,000 and more than 12,000. 
Fifth class, less than 12,000.f 

85. City Government. — The government of a city is 
tripartite. The legislative power is vested in the councils, 

* The duties of the other officers of the borough are the same as 
those of similar officers in the township. 

t The object of this classification is to secure compliance with that 
provision of the constitution which prohibits special legislation. (See 
Art. III. Sect. 7.) Under this section any law in reference to a city en- 
acted by the General Assembly would have to be applicable to every 
city in the State. A law needed in a large city might be useless, and 
even harmful, in a small city. By classifying the cities laws can be 
enacted for any particular class. Philadelphia is the only city of the 
first class in the State, and its government has been selected for the pur- 
pose of illustrating the government of a city. 



tbs am 57 

the judicial power in the courts, and * 
IM the mayor* and in the beads of the departments of 
public Bafety, of public works, of receiver of I ity 

,,, ftgurer, of city controller, of law, of education, of char- 
ities and correction, and of the rinking-fand commission. 
Some of the heada of departments are appointed by the 
mayor; the others are chosen by the elect 

86. Wards and Precincts or Polling-Divisions. 
convenience In ite organization and government the city 
ia divided into wrards, and the srards are subdivided into 
precincts or polling-divisions. Wards differ in Rise and 
population in the Bame city. 

ST. The Councils <>f the city comprise two bodies, the 
Select Council and the Common Council. Bach body 
elects its own president, and the president of each bo 
appoints the committees for that body. Th< of 

the two bodies are mainly th< ommon 

Council has the exclusive righl to originate bills providing 
for taxation and raising money, while th< B Council 
has the exclusive righl to confirm appointments made by 

the mayor and to try impeachments. All the law - 

sarv tor the local government of the .ity are made by 

the councils. The laws they make arc .ailed ordinal 

and must not conflict with the laws of the State or of the 

United States. The councils determine the amount of 

money accessary for the Buppori of the different depart' 
ments of the city government, they ti\ the rate 
tion. and they apportion to each department the amount 
of money needed to defray its expense 
ss. The Select Council * is composed of one member 

* In a city «>f the tir>t class. 

t Except the head of the department of education, who is chosen by 

the heard oi' education. 

X The legislative powers o( th* eity coondla are limited by the rhar- 
ter of the eity ; they are not general in their eharaeter. like the 
lative powers of the General Assembly. 



38 THE CIVIL GOVERNMENT OF PENNSYLVANIA. 

from each ward in the city, chosen by the electors thereof 
to serve for three years. 

89. The Common Council* is composed of one mem- 
ber for every two thousand electors in the ward; he is 
chosen by the electors to serve for two years. 

90. The Mayor is chosen by the electors to serve for 
four years, and is not eligible for the next succeeding term. 
He is responsible for the good order and efficient govern- 
ment of the city. It is his duty to see that the laws of the 
State and of the city are faithfully executed ; to commu- 
nicate to councils at least once a year a statement of the 
finances and condition of the city's affairs ; to recommend 
such measures as he shall deem expedient for the protec- 
tion and improvement of the government and finances of 
the city ; to call special meetings of councils, or of either 
of them, when necessary ; to call together the heads of de- 
partments at least once each month for consultation on the 
city's affairs. He has power to remove from office any 
head of department or other officer that he appoints, and 
he may appoint, whenever he may think proper, three 
persons to examine, without notice, the accounts of any 
officer or department, and the money or securities belong- 
ing to the city in the hands of such officer or department. 
All bills passed by the councils require his approval and 
signature ; should he disapprove and veto any bill, it must 
be repassed by a vote of two-thirds of all the members of 
councils before it can become a law. 

91. The Other City Officers are the city solicitor, the 
receiver of taxes, the city treasurer and the city controller 
(or auditor), whose duties are the same as those of similar 
officers in the county. 

92. The Courts of the city are the courts of the judi- 
cial district in which the city is located, in addition to 



In a city of the first class. 



THE CITY. ,0 ''* 

which .t has magistrates' courts,' for On trial of pet* 
offences and civil case* in which the ralne in dispute is 
not over one hundred dollars, 

08 Public Schools. Tin interests of the public 
ichoo'ls of Philadelphia are entrusted to a hoard oi 
tion consisting of one member from each ward, appoint 
by the judges of the courts. The hoard elects one o\ itsown 
members as president; Ltalso 

assistant Buperintendi uperintend the wort 

instruction in the bcI Is, a secretary, an at 

rotary and sii clerka to attend to the clerical wort 
the department, and a superintendent of building* with 
five assistants, who superintend the erection and repau 
school buildings. Each ward electa a local or ward bo 
of school directors, whoeled the I and who attend 

to the local intoreetfl of the school* in theii 

wards | n « j 

<»i City Institutions. -A cif tnpelled to i 

public institutions for thewelfere of its people 
institution may be classified as charitable institut. 
reformatory institutions, institutioiia for the punishn 
of offenders and educational institutions. The main! 
an ce of these institutions and of public parks, th< 
streets, making provision for protecting the public health, 
{he care o( the poor, the erection of water-works, 
works and public buildings, the equipment of a fin 
partment, of an adequate police force for the protectioi 
life and property, and the necessity for numerous offi 
to serve the inhabitants of the city in various capaci 
cause the taxes in the city to be much greater than in the 

rural districts, 

* In a citT' of the tir>t class, 1" the other clam of eMei aUtmm 
arc elected, with juriediction similar to that o\ the naavftnlee, 

+ 364 BChoota o( all grade* with nearly 140.000 pupils, taught hy 
ogSl teacheie, and an annual outlay of nearly 14,000,000, indicate the 
extent of the puhlic-school interests in the city of Philadelphia, 



CONSTITUTION 

OF THE 

COMMONWEALTH OF PENNSYLVANIA. 

The Preamble. 

We, the People of the Commonwealth of Pennsylvania, 
grateful to Almighty God for the blessings of civil and 
religious liberty, and humbly invoking His guidance, do 
ordain and establish this Constitution. 

Article I. 

DECLARATION OF RIGHTS. 

That the general, great, and essential principles of lib- 
erty and free government may be recognized and unalter- 
ably established, We declare that 

Section 1. All men are born equally free and independ- 
ent, and have certain inherent and indefeasible rights, 
among which are those of enjoying and defending life and 
liberty, of acquiring, possessing, and protecting property 
and reputation, and of pursuing their own happiness. 

Section 2. All power is inherent in the people, and all 
free governments are founded on their authority and in- 
stituted for their peace, safety, and happiness. For the 
advancement of these ends, they have, at all times, an 
inalienable and indefeasible right to alter, reform, or 
abolish their government, in such manner as they may 
think proper. 

40 



CONSTITUTION 01 II VN8TL V I 41 

ii"\ 3. All men have a natural and indefeasible 
right to worship Almighty God according to 1 1 • • - d 
of their own consciences; no man can, of right, be corn- 
lulled to attend, erect, or support any place of worship, 
or to maintain any ministry, against In- I : no 

human authority can, in any case what.- trol or 

interfere with the rights of consci< not ; and 
shall ever be given, by law, to any n Ligious i stablishi 
or modes of worship. 

Sm h'in 1. No person who acknowledges th< I 
Gk>d, and s future state of rewards and punishments, shall, 
on accounl of his religious sentiments, be disqualified to 
hold any office, or place of trust or j»r«»tit. under this 

Commonwealth. 

8k< «om 5. Elections Bhall be free and equal; and n<» 

power, civil or military, shall, at any time, U 

prevent the free exercise of the right of Bum 
Section 6. Trial by jury shall be as heretofore, and the 

right thereof remain inviolate. 

Section 7. The printing press Bhall \« 

son who may undertake to examine the |'i<> if the 

Legislature, or any branch of government, and no law 

shall ever he made to r. -train the right thereof. Tl, 

communication of thoughts and opini tie of the 

invaluable rights of man ; and every citizen may freely 
speak, write, and print on any subject, beii risible 

for the abuse of that liberty. No conviction shall be had. 
in any prosecution for the publication of papers relating 
to the official conduct of officers, or nun in public capac- 
ity, or to any other matter proper for public investigation 
or information, where the feet that Buch publication was 
not maliciously or negligently made shall be establ 
to the satisfaction of the jury ; and in all indictments for 
libels, the jury shall have the right to determine the law 
and the tacts, under the direction oi the Court, as in other 
cases. 



42 CONSTITUTION OF PENNSYLVANIA. 

Section 8. The people shall be secure in their persons, 
houses, papers, and possessions, from unreasonable searches 
and seizures ; and no warrant to search any place, or to 
seize any person or things, shall issue, without describing 
them as nearly as may be, nor without probable cause, 
supported by oath or affirmation, subscribed to by the 
affiant. 

Section 9. In all criminal prosecutions, the accused 
hath a right to be heard by himself and his counsel, to 
demand the nature and cause of the accusation against 
him, to meet the witnesses face to face, to have compul- 
sory process for obtaining witnesses in his favor ; and in 
prosecutions by indictment or information, a speedy pub- 
lic trial, by an impartial jury of the vicinage ; he cannot 
be compelled to give evidence against himself, nor can he 
be deprived of his life, liberty, or property, unless by the 
judgment of his peers, or the law of the land. 

Section 10. No person shall, for any indictable offence, 
be proceeded against criminally, by information, except 
in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or public 
danger ; or, by leave of the Court, for oppression or mis- 
demeanor in office. No person shall, for the same offence, 
be twice put in jeopardy of life or limb, nor shall private 
property be taken or applied to public use, without au- 
thority of law, and without just compensation being first 
made or secured. 

Section 11. All courts shall be open; and every man, 
for an injury done him in his lands, goods, person, or rep- 
utation, shall have remedy by due course of law, and 
right and justice administered, without sale, denial, or 
delay. Suits may be brought against the Commonwealth, 
in such manner, in such courts, and in such cases, as the 
Legislature may by law direct. 

Section 12. No power of suspending laws shall be exer- 
cised, unless by the Legislature, or by its authority. 



mmvrtoa 01 pamrLVANLL 43 

il shall not be reqo 
cruel punishments inflict 
imn 1 1. All prisoners shall be bailable by sufii 
or capital offences, when the | 
dent, or presumption md the privi 

of habeai eorptu Bhall not he suspend. d. m 

f rebellion <>r invasion, the public safety may 
quire it. 

[on 15. N mmissiorj oJ I »y, r and Termini 

Jail Delivery shall be issu 

1,;. -n„. ,„ non of 1 debtor, where tin 
strong pn sumption of fraud, shall not I • in 

prison, after delivering ap In- estate for the benefit 
creditors, in such manner si shall ; ■ by law. 

[on 17. No '/ poa facta law, nor snj I in imp 
the obligation of contracts, or making irrev< 
of special privileges or immunity s, shall b< 

1(lN is. N « shall be attainted of b 

felony by the Legislature. 

- non 19. No attainder shaO work corruption of 
blood, n p1 during the life of tin off nd tore 

of estate to the Commonwealth. Th< 
s«»ns as Bhall destroy their own lives shall 
as in cases o\' natural death : and it' any 
killed by casualty, there shall be no forfeiture by reason 

thereof. 

Sbctiok -2(\ The ritieenfl have a right, in a peaceable 
manner, to assemble together for their common good, and 
to apply to those invested with the powers of government, 
for redress of grievances, or other proper purposes, by pe- 
tition, address, or remonstrance. 

Section 21. The right of the citiaenfl to bear arms in 
defence of themselves and the State, shall not be q 
tioned. 

Bectios 22. No standing army shall, in time of | 

be kept up, without the consent of the Legislature : and 



44 CONSTITUTION OF PENNSYLVANIA. 

the military shall in all cases, and at all times, be in strict 
subordination to the civil power. 

Section 23. No soldier shall, in time of peace, be quar- 
tered in any house, without the consent of the owner; 
nor, in time of war, but in a manner to be prescribed by 
law. 

Section 24. The Legislature shall not grant any title of 
nobility or hereditary distinction ; nor create any office, 
the appointment to which shall be for a longer term than 
during good behavior. 

Section 25. Emigration from the State shall not be 
prohibited. 

Section 26. To guard against transgressions of the high 
powers which we have delegated, we declare, that every- 
thing in this article is excepted out of the general powers 
of government, and shall for ever remain inviolate. 

Article II. 

THE LEGISLATURE. 

Section 1. The legislative power of this Common- 
wealth shall be vested in a General Assembly, which shall 
consist of a Senate and a House of Representatives. 

Section 2. Members of the General Assembly shall be 
chosen at the general election, every second year. Their 
term of service shall begin on the first day of December 
next after their election. Whenever a vacancy shall occur 
in either House, the presiding officer thereof shall issue a 
writ of election, to fill such vacancy for the remainder of 
the term. 

Section 3. Senators shall be elected for the term of four 
years, and Representatives for the term of two years. 

Section 4. The General Assembly shall meet at twelve 
o'clock, noon, on the first Tuesday of January, every 
second year, and at other times when convened by the 
Governor, but shall hold no adjourned annual session 



CONSTITUTION OP I XVANIA US 

; ,fi,T the year I B78. In i am of a vacancy in th< 
United States Senator from this Commonwealth, in a n 
between sessions, the Governor Bhall convene the two 
Houses by proclamation, on notice, Q< I 
i<» nil the Bame. 

3< oaton Bhall be at 
of age, and Representatives twenty-one age. 

Tin ly ahal] have been citizens and inhabitants ol th< - 
four yen-, and inhabitants of their n 
one year next before their election (unless absent on the 
public business of the Unit d 81 

shall reside in their resp< ctive districts during tin ir terms 
of service. 

8» noM 8. No Senator or Representative Bhall, during 
the time for which he Bhall have been elected, be appointed 
to any civil office under this Commonwealth; and no 
member of Congress, or other person holding any office 
(except of attorney-at-law, or in the militia), under the 
United States, or this Commonwealth, shall be a member 
of either House, during bis continuance in ofl 

iiM\ 7. No person hereafter convicted of emfo 
mi'iii of public moneys, bribery, perjury, or other in- 
famous crime, shall be eligible to the General Assembly, 
or capable of holding any office of trust or profit in this 
Commonwealth. 

Section 8. The members of the General Assembly Bhall 
receive such salary and mileage, for regular and special 
sessions, as shall be fixed by law, and do other compen- 
sation whatever, whether for service upon commitl 
otherwise. No member of either House Bhall, during the 
term for which he may have been elected, receive any in- 
crease of salary, or mileage, under any law paased during 
such term. 

Section 9. The Senate shall, at the beginning and close 
of each regular session, and at such other times as may 

be necessary, elect one of its members President pro temr 



46 CONSTITUTION OF PENNSYLVANIA. 

pore, who shall perform the duties of the Lieutenant- 
Governor, in any case of absence or disability of that 
officer, and whenever the said office of Lieutenant-Gov- 
ernor shall be vacant. The House of Representatives shall 
elect one of its members as Speaker. Each House shall 
choose its other officers, and shall judge of the election 
and qualifications of its members. 

Section 10. A majority of each House shall constitute a 
quorum ; but a smaller number may adjourn from day to 
day, and compel the attendance of absent members. 

Section 11. Each House shall have power to determine 
the rules of its proceedings, and punish its members, or 
other persons, for contempt or disorderly behavior in its 
presence, to enforce obedience to its process, to protect its 
members against violence, or offers of bribes or private 
solicitation, and, with the concurrence of two-thirds, to 
expel a member, but not a second time, for the same 
cause ; and shall have all other powers necessary for the 
Legislature of a free State. A member expelled for cor- 
ruption shall not thereafter be eligible to either House; 
and punishment for contempt or disorderly behavior shall 
not bar an indictment for the same offence. 

Section 12. Each House shall keep a journal of its pro- 
ceedings, and, from time to time, publish the same, except 
such parts as require secrecy ; and the yeas and nays of 
the members on any question shall, at the desire of any 
two of them, be entered on the journal. 

Section 13. The sessions of each House, and of com- 
mittees of the whole, shall be open, unless when the busi- 
ness is such as ought to be kept secret. 

Section 14. Neither House shall, without the consent 
of the other, adjourn for more than three days, nor to any 
other place than that in which the two Houses shall be 
sitting. 

Section 15. The members of the General Assembly 
shall, in all cases, except treason, felony, violation of their 



jSTiTunom of Penn s yl vania 17 

o;itli of office, and breach or surety of the peace, be privi- 
leged from arrest during their attendant* al th< 
of their respective Houses, and in going to and n turning 
from the same; and for any speech or debate in either 
House, they shall not be questioned in any other ; 
u«.\ 16. The State shall be divided into fifty S 
torial districts of compact and contiguous territoi 
nearly equal in population as may be; and each d 
shaU be entitled to eled w ~ Bach count] 

taining one or more ratios of population, shall be entitled 
to one Senator for each ratio, and to an additional Senator 
for s surplus of population exceeding three-fifths of ■ 
ratio, but no comity shall form s separate district, unless 
it shall contain four-fiths of h ratio, exoi pi irhere th< 
joining counties are each entitled to one or 1 
when such county may be assigned b 8< nator on less than 
four-fifths, and exceeding one-half of s ratio; and no 
county shall be divided, unless entitled to two or mora 
Senators. No city or county shall be entitled 1 
representation, exceeding one-sixth of the whole Dumber 
of Senators. No ward, borough, or township shall be 
divided in the formation of a district The Senatorial 
ratio shall be ascertained by dividing the whole popula- 
tion of the state by the number fifty. 

Section 17. The members of the House of K< 
tires shall be apportioned among the several count.' 
a ratio obtained by dividing the population of the State, 
as ascertained by the most recent United States census, by 
two hundred. Every county containing less than five 
ratios shall have one Representative tor every full ratio, 
and an additional Representative when the surplus exceeds 
half a ratio; hut each county shall have at least on< K< p- 
resentative. Every county containing five ratios or mora, 
shall have one Representative for every full ratio. Ev< ry 
city containing a population equal to a ratio, shall elect 
Separately its proportion of the Representatives allotted to 



48 CONSTITUTION OF PENNSYLVANIA. 

the county in which it is located. Every city entitled to 
more than four Representatives, and every county having 
over one hundred thousand inhabitants, shall be divided 
into districts of compact and contiguous territory; each 
district to elect its proportion of Representatives according 
to its population; but no district shall elect more than 
four Representatives. 

Section 18. The General Assembly, at its first session 
after the adoption of this Constitution, and immediately 
after each United States decennial census, shall apportion 
the State into Senatorial and Representative districts, 
agreeably to the provisions of the two next preceding sec- 
tions. 

Article III. 

LEGISLATION. 

Section 1. No law shall be passed except by bill; and 
no bill shall be so altered or amended, on its passage 
through either House, as to change its original purpose. 

Section 2. No bill shall be considered unless referred to 
a committee, returned therefrom, and printed for the use 
of the members. 

Section 3. No bill, except general appropriation bills, 
shall be passed containing more than one subject, which 
shall be clearly expressed in its title. 

Section 4. Every bill shall be read at length, on three 
different days, in each house; all amendments made 
thereto shall be printed for the use of the members, before 
the final vote is taken on the bill ; and no bill shall become 
a law unless, on its final passage, the vote be taken by 
yeas and nays, the names of the persons voting for and 
against the same be entered on the journal, and a majority 
of the members elected to each House be recorded thereon 
as voting in its favor. 

Section 5. No amendment to bills by one House shall 



WITUTIOX 01 Pi VN8YLVANU. If 

be concurred in by the other except by thevoteof amajoi 
f the membera elected thereto, takeo by yeas and na; 
and the namee of thoee voting for and aj 
upon the journal thereof; and n porta of committe 
conference shall be adopted in either House only byt 
vote of a majority of the membera elected thereto, taken 
by yeae and nays, and the names of those voting recorded 
ttpon the journals. 

Si.. ti«.\ a No law Bhal] be revived, ami nded, 01 the 
provisiona thereof extended or conferred, by to 

its title only, but bo much thereof aa lb n riv< .1. amended, 

nded, or conferred Bhall I i ,( d and publial 

at length. 

Section 7. The General Assembly Bhall not pass any 
local or Bpecial law authorising the creation, ext< nsion, or 
impairing of liens; regulating the affairs ol 
townships, wards, boroughs, or school districts; chang 
the names of persona or places ; changinj in 

civil or criminal cases; authorising the laying out, open- 
ing, altering, or maintaining roads, highways »,or 
alleys ; relating to ferri( - or bridges, or incorporating ferry 
or bridge companies, except for the erection of brid 
crossing atrearaa which form boundariea betwi en this and 
any other State; vacating roads, town-plats, streets, «> r 
alleys; relating to cemeteries, graveyards, or public 
grounds, not of tiie State; authorising the adoption or 
legitimation of children; locating or changing county 
aeats; erecting new counties, or changing county lii 
incorporating cities, towns, or villages, or changing their 
charters; tor the opening and conducting of elections, or 
fixing or changing the place of voting; granting divor 
erecting new townships or boroughs; changing township 
lines, borough limits, or school districts; creating offi i 
or prescribing the powers and duties of officers, in coun- 
ties, cities, boroughs, townships, election, or school dis- 
tricts; changing the law o( descent or succession: rei:- 
i 



50 CONSTITUTION OF PENNSYLVANIA. 

ulating the practice or jurisdiction of, or changing the rules 
of evidence in, any judicial proceeding, or inquiry before 
courts, aldermen, justices of the peace, sheriffs, commis- 
sioners, arbitrators, auditors, masters in chancery, or other 
tribunals, or providing or changing methods for the collec- 
lection of debts, or the enforcing of judgments, or pre- 
scribing the effect of judicial sales of real estate ; regulating 
the fees, or extending the powers and duties of aldermen, 
justices of the peace, magistrates, or constables ; regulating 
the management of public schools, the building or repair- 
ing of school-houses, and the raising of money for such 
purposes ; fixing the rate of interest ; affecting the estates 
of minors or persons under disability, except after due 
notice to all parties in interest, to be recited in the special 
enactment; remitting fines, penalties, and forfeitures, or 
refunding moneys legally paid into the treasury ; exempt- 
ing property from taxation ; regulating labor, trade, mining 
or manufacturing; creating corporations, or amending, 
renewing, or extending the charters thereof; granting to 
any corporation, association, or individual, any special or 
exclusive privilege or immunity, or to any corporation, 
association, or individual, the right to lay down a railroad 
track; nor shall the General Assembly indirectly enact 
such special or local law, by the partial repeal of a general 
law; but laws repealing local or special acts may be 
passed ; nor shall any law be passed granting powers or 
privileges, in any case where the granting of such powers 
and privileges shall have been provided for by general law, 
nor where the courts have jurisdiction to grant the same, 
or give the relief asked for. 

Section 8. No local or special bill shall be passed, un- 
less notice of the intention to apply therefor shall have 
been published, in the locality where the matter or the 
thing to be affected may be situated, which notice shall 
be at least thirty days prior to the introduction into the 
General Assembly of such bill, and in the manner to be 



CONSTITUTION 01 PENNSYLVANIA. M 

provided by law ; the evid< ich notice bi 

published, Bhal] be exhibited in the General Assembly, 
before such aol Bhal] I"- pfl 

Section 9. The presiding officer of each Boost -hall. 
in the presence of the House over which b< 
all hills and joint resolutiona pas* d by thi ' 1 As- 

sembly, after their titles have been publicly read, imme- 
diately before Bigning; and the fad of Bigning Bhal] 1»<- 
entered on the journal. 

Section h>. The General Assembly shall prescribe by 
law the number, duties, and compensation of the officers 
and employes of each House; and no payment shall be 
made from the State treasury, or be in any pray author- 
ised, to any person, except to an acting officer or employe* 
elected or appointed in pursuance of law. 

Section 11. No hill shall he passed giving any 
compensation to any public officer, servant, empl< 
or contractor, after services Bhal] I a rendered "r 

contract made, imr providing for the payment of any claim 

against the Commonwealth, without previous authority 

of law. 

Section 12, All stationery, printing, paper, and fuel 

used in the legislative and other departments "f <..>v<rn- 

ment, shall he furnished, and the printing, binding, and 
distributing of the laws, journals, department report-, and 
all other printing and binding, and the repairing and 
furnishing the halls and rooms used for the nie.iii 
the General Assembly and it< committees, shall he per- 
formed under contract, to be given to the Lowest respon- 
sible bidder below Buch maximum price, and under such 
regulations, as shall he prescribed by law: no meml 
officer o( any department o( the Government shall he, in 
any Way, interested in such contracts: and all such con- 
tracts shall be subject to the approval o( the Governor 
Auditor-General, and State Treasurer. 
Section 13. No law shall extend the term of any public 



52 CONSTITUTION OF PENNSYLVANIA. 

officer, or increase or diminish his salary or emoluments, 
after his election or appointment. 

Section 14. All bills lor raising revenue shall originate 
in the House of Representatives, but the Senate may pro- 
pose amendments as in other bills. 

Section 15. The general appropriation bill shall em- 
brace nothing but appropriations for the ordinary ex- 
penses of the executive, legislative, and judicial de- 
partments of the Commonwealth, interest on the public 
debt, and for public schools ; all other appropriations 
shall be made by separate bills, each embracing but one 
subject. 

Section 16. No money shall be paid out of the treasury, 
except upon appropriations made by law. and on warrant 
drawn by the proper officer in pursuance thereof. 

Section 17. No appropriation shall be made to any 
charitable or educational institution, not under the absolute 
control of the Commonwealth, other than normal schools, 
established by law, for the professional training of teachers 
for the public schools of the State, except by a vote of 
two-thirds of all the members elected to each House. 

Section 18. No appropriations, except for pensions, or 
gratuities for military services, shall be made for chari- 
table, educational, or benevolent purposes, to any person 
or community, nor to any denominational or sectarian 
institution, corporation, or association. 

Section 19. The General Assembly may make appro- 
priations of money to institutions wherein the widows of 
soldiers are supported or assisted, or the orphans of sol- 
diers are maintained and educated; but such appropria- 
tion shall be applied exclusively to the support of such 
widows and orphans. 

Section 20. The General Assembly shall not delegate 
to any special commission, private corporation, or associa- 
tion, any power to make, supervise, or interfere with any 
municipal improvement, money, property, or effects, 



.^llirilo\ ■>! ] MMV/.l 

whether held in trust or otherwise, <»r to levy taxes, 01 
perform any municipal function what i 

Section 21. No act of the General Assembly shall limit 
th, amount to be recov< r. d for injurii a resultii tth, 

or for injuries to |>< rsons or prop* rtj ; and, in ca 
from such injuries, the right of action shall survive,and 
the Genera] Assembly Bhall pn scrib for a 
.such actions shall I"- prosecuted. No act Bhall j 
any limitations of time within which Buits may '•< brought 
against corporations for injurii - to p< rsons or property, 
for other causes, different from those fixed by general 
Laws regulating actions against natural persons ich 

acts n"\\ existing are avoided. 

Section 22. No act of the General Assembly shall au- 
thorize the investment of trust funds b . admin- 
istrators, guardians, or other trust* es, in the bonds or stock 
of any private corporation; and Buch acts now i 
are avoided, savin- investments heretofore made, 

Si i noN 23. The power to change the venue in civil and 
criminal cases Bhall be vested in the I 
in such manner as shall be provided by law. 

Section 24. No obligation or Liability of any railroad or 
other corporation, held or owned by the Commonwealth, 
shall ever be exchanged, transferred, remitted, postponed, 
or in any way diminished, by the General Assembly; nor 
shall such liability or obligation be released, except by 
payment thereof into the State Treasury. 

Section 25. When the General Assembly shall be con- 
vened in special session, there shall be no legislation upon 
subjects other than those designated in the proclamation 
of the Governor calling such session. 

Section 26. Every order, resolution, or vote to which 
the concurrence of both Houses may be nec< - Keep! 

on the question o\ adjournment, shall be presented to the 
Governor, and before it shall take effect, be approved by 
him, or being disapproved, shall be repassed by two-thirds 



54 CONSTITUTION OF PENNSYLVANIA. 

of both Houses, according to the rules and limitations 
prescribed in case of a bill. 

Section 27. No State office shall be continued or created 
for the inspection or measuring of any merchandise, man- 
ufacture, or commodity ; but any county or municipality 
may appoint such officers, when authorized by law. 

Section 28. No law changing the location of the Capital 
of the State shall be valid, until the same shall have been 
submitted to the qualified electors of the Commonwealth, 
at a general election, and ratified and approved by them. 

Section 29. A member of the General Assembly who shall 
solicit, demand, or receive, or consent to receive, directly 
or indirectly, for himself or for another, from an} r com- 
pany, corporation, or person, any money, office, appoint- 
ment, employment, testimonial, reward, thing of value or 
enjoyment, or of personal advantage, or promise thereof, 
for his vote or official influence, or for withholding the 
same, or with an understanding, expressed or imjjlied, that 
his vote or official action shall be, in any way, influenced 
thereby ; or who shall solicit or demand any such money 
or other advantage, matter, or thing aforesaid, for another, 
as the consideration of his vote or official influence, or for 
withholding the same, or shall give or withhold his vote or 
influence, in consideration of the payment or promise of 
such money, advantage, matter, or thing to another ; shall 
be held guilty of bribery, within the meaning of this Con- 
stitution, and shall incur the disabilities provided thereby 
for said offence, and such additional punishment as is or 
shall be provided by law. 

Section 30. Any person who shall, directly or indirectly, 
offer, give or promise, any money or thing of value, testi- 
monial, privilege, or personal advantage, to any executive 
or judicial officer, or member of the General Assembly, to 
influence him in the performance of any of his public or 
official duties, shall be guilty of bribery, and be punished 
in such manner as shall be provided by law. 



yONSTlTVtIOh 01 n \ W > 7. r.i.v/.i 

■ ion 31. The "H' l Lieitation of mem- 

the Qi ii< r;il Assembly, <>r of public officers <>f the 
state, or of any municipal division thereof) and any occu- 
pation <»r practice of solicitation <»f such members or 
officers, io influi ooe their official action, -hall be defined 
by law, and shall !>•• punished by fine and imprisonment 
Any p. non may be compelle (y, in 

any lawful invi -l nation or judicial proceeding, B| 

any person who may be charged with having comm 
the offence of bribery or corrupt solicitation, or 

of solicitation, and shall nut be permitted t<> withhold his 
testimony, upon the ground that it may criminate himself, 

or BUDJect him to public infamy ; hut BUch testimonj 

not afterwardfl he Used against him. in any judicial 
ceeding, except for perjury in giving such testimony ; and 
any person convicted of cither of the ofll 
shall, as part of the punishment thi refbr, he disqualified 
from holding any office or position of honor, trust, or profit 
in this Commonwealth. 

Be( now 38 A member who has a personal or private 
Interest in any measure or hill proposed or pending I 
the General Assembly, shall disclose the fact to the li 

of which he is a member, and -hall not vote tin : 

Article IV. 

THE EXECUTIVE. 

Section l. The executive department of this Common- 
wealth shall consist iA' a Governor, Lieutenant-Governor, 
Secretary of the Commonwealth, Attorney-General, Audi- 
tor-General, State-Treasurer. Secretary of Internal Affairs, 
and a Superintendent o\ Public Instruction. 

Section '2. The supreme executive power shall he v 
in the Governor, who shall take care that the laws be faith- 
fully executed ; he shall he chosen on the day of th< 
eral election, by the qualified electors of the Common- 



56 CONSTITUTION OF PENNSYLVANIA. 

wealth, at the places where they shall vote for Represent- 
atives. The returns of every election for Governor shall 
be sealed up and transmitted to the seat of Government, 
directed to the President of the Senate, who shall open 
and publish them, in the presence of the members of both 
Houses of the General Assembly. The person having the 
highest number of votes shall be Governor, but if two or 
more be equal, and highest in votes, one of them shall be 
chosen Governor by the joint vote of the members of both 
Houses. Contested elections shall be determined by a 
committee, to be selected from both Houses of the Gen- 
eral Assembly, and formed and regulated in such manner 
as shall be directed by law. 

Section 3. The Governor shall hold his office during 
four years from the third Tuesday of January next ensu- 
ing his election, and shall not be eligible to the office for 
the next succeeding term. 

Section 4. A Lieutenant-Governor shall be chosen at 
the same time, in the same manner, for the same term, 
and subject to the same provisions as the Governor; he 
shall be President of the Senate, but shall have no vote, 
unless they be equally divided. 

Section 5. No person shall be eligible to the office of 
Governor or Lieutenant-Governor, except a citizen of the 
United States, who shall have attained the age of thirty 
years, and have been seven years next preceding his elec- 
tion an inhabitant of the State, unless he shall have been 
absent on the public business of the United States, or of 
this State. 

Section 6. No member of Congress, or person holding 
any office under the United States, or this State, shall 
exercise the office of Governor or Lieutenant-Governor. 

Section 7. The Governor shall be Commander-in-Chief 
of the Army and Navy of the Commonwealth, and of the 
militia, except when they shall be called into the actual 
service of the United States. 



CONSTITUTION <>i PENNSYLVANIA 5" 

Section 8. II' Bhall Dominate, and, by and irith the 
advice and consent of two-thirda of aU the memh 
the Senate, appoinl 3 fcary ofthe Commonwealth and 
an Attorney-General, during pleasure, a Superintendent 
of Public [Detraction, for four years, and Bach othet 
officers of the Commonwealth as be is, or may be author- 
ized, by the < lonstitutiou or by law, to appoinl ; be 
have power to fill all vacancies thai may happen in i 
to which he oiay appoint, during th< thefi 

by granting commissions which Bhall expire at the end of 
their next session ; he Bhall have power to fill anj 
that may happen, during the n a bb of the s. oate, in the 
office of Auditor-General, Btati I B ry of 

Internal Affairs, or Superintendent of Public [nstru 
in a judicial office, or in any other elective office which he 
is or may be authorized to till ; if the i Bhall hap- 

pen during the Bession of the Senate, t ; 
nominate to the Senate, before their final adjournal 
proper person to till said vacancy; but many sue! 
of vacancy in an elective office, a person ahal] !"• < 
to said office, at the oexl general election, unless the 
vacancy shall happen within three calendar month- im- 
mediately preceding such election, in which case, the elec- 
tion for said cilice shall be held at the second succeeding 
general election. In acting on executive nominations, the 
Senate shall sit with open doors, and in confirming or 
rejecting the nominations of the Governor, the vote shall 
be taken by yeas ami nays, and shall he entered on the 
journal. 

Section 9. lie shall have power to remit fines and for- 
feitures, to grant reprieves, commutations of sentence, and 
pardons, except in cases o( impeachment ; hut no pardon 
shall he granted, nor sentence commuted, except upon the 
recommendation in writing of the Lieutenant-Governor, 
Secretary of the Commonwealth. Attorney-General, and 
Secretary of Internal Affaire, or any three o( them, after 



58 CONSTITUTION OF PENNSYLVANIA. 

full hearing, upon due public notice, and in open session ; 
and such recommendation, with the reasons therefor, at 
length, shall be recorded and filed in the office of the 
Secretary of the Commonwealth. 

Section 10. He may require information in writing from 
the officers of the executive department upon any subject 
relating to the duties of their respective offices. 

Section 11. He shall, from time to time, give to the 
General Assembly information of the state of the Com- 
monwealth, and recommend to their consideration such 
measures as he may judge expedient. 

Section 12. He may, on extraordinary occasions, con- 
vene the General Assembly, and in case of disagreement 
between the two Houses, with respect to the time of 
adjournment, adjourn them to such time as he shall think 
proper, not exceeding four months. He shall have power 
to convene the Senate in extraordinary session, by procla- 
mation, for the transaction of executive business. 

Section 13. In case of the death, conviction, or impeach- 
ment, failure to qualify, resignation, or other disability 
of the Governor, the powers, duties, and emoluments of 
the office, for the remainder of the term, or until the dis- 
ability be removed, shall devolve upon the Lieutenant- 
Governor. 

Section 14. In case of a vacancy in the office of Lieu- 
tenant-Governor, or when the Lieutenant-Governor shall 
be impeached by the House of Representatives, or shall 
be unable to exercise the duties of his office, the powers, 
duties, and emoluments thereof, for the remainder of the 
term, or until the disability be removed, shall devolve 
upon the President pro tempore of the Senate; and the 
President pro tempore of the Senate shall, in like manner, 
become Governor, if a vacancy or disability shall occur in 
the office of Governor ; his seat as Senator shall become 
vacant, whenever he shall become Governor, and shall be 
filled by election, as any other vacancy in the Senate. 



VONSTfTUT/OA 01 PBUNSTLVANtA 

no\ 15. Kv.ry hill whirl. Shall i ... <| |„,th 

Houses, shall be presentee! to the I taverns* ; if be ap] 

be shall sign it; but it' he fthsi] not approve, he shall 

return it, with hi- objections, to the HoUSS in which it 

shall have originated, winch II .1 enti r tb< 

a large upon their journal, and proceed tor 

it. If, after inch i. ration, two-third- of all the 

membero elected to thai Bon* shall agn i to pass the bill, 
it shall he tent, with the objections, to th< 
by which likewise it shall be reconsidered ; and ifapp 
by two-thirds of all the member! elect d to thai 1 1 

shall he a law ; hut m such cases, tl fboth 11 

shall be determined by yeas and nay-. snd the nan 

the members voting for and against the hill shall be 

entered on the journals of each 1 1 sp etiv< ly. [f 

any bill shall not he returned by the Governor, within t<n 

days after it shall have been presented to him, the same 

shall he a law. in like manner ;i- if he had signed it. 
unless the General Assembly, by their adjournment, 

prevent it- return, in which CSSC, it -hall he a law. UnleSS 
he shall file the same, with hi- objections, in the ,.|! 

the Secretary of the Commonwealth, and give 

thereof, by public proclamation, within thirty day- after 

such adjournment 

SE( rio\ 16. The Governor shall have power to disap- 
prove of any item or items of any hill making appropri- 
ations i)i' money, embracing distinct item-, and the pari 
or parts <>f the 1 > i 1 1 approved shall he the law, and the 
item or items i4' appropriation disapproved shall he void. 

unle-s repassed according to the rules and limitations 

prescribed tor the passage o( other lulls over the executive 
veto. 

Section 17. The Chief .Justice o\ the Supremo Court 
shall preside Upon the trial o( any contested election of 
Governor or Lieutenant-Governor, and shall decide ques- 
tions regarding the admissibility o( evidence, and shall. 



60 CONSTITUTION OF PENNSYLVANIA. 

upon request of the committee, pronounce his opinion 
upon other questions of law involved in the trial. Gov- 
ernor and Lieutenant-Governor shall exercise the duties 
of their respective offices, until their successors shall be 
duly qualified. 

Section 18. The Secretary of the Commonwealth shall 
keep a record of all official acts and proceedings of the 
Governor, and, when required, lay the same, with all 
papers, minutes, and vouchers relating thereto, before 
either branch of the General Assembly; and perform such 
other duties as may be enjoined upon him by law. 

Section 19. The Secretary of Internal Affairs shall exer- 
cise all the powers, and perform all the duties, of the Sur- 
veyor-General, subject to such changes as shall be made 
by law. His department shall embrace a bureau of in- 
dustrial statistics ; and he shall discharge such duties 
relating to corporations, to the charitable institutions, the 
agricultural, manufacturing, mining, mineral, timber, and 
other material or business interests of the State, as may 
be prescribed by law. He shall annually, and at such 
other times as may be required by law, make report to 
the General Assembly. 

Section 20. The Superintendent of Public Instruction 
shall exercise all the powers and perform all the duties of 
the Superintendent of Common Schools, subject to such 
changes as shall be made by law. 

Section 21. The term of the Secretary of Internal 
Affairs shall be four years ; of the Auditor-General, three 
years; and of the State Treasurer, two years. These 
officers shall be chosen by the qualified electors of the 
State, at general elections. No person elected to the office 
of Auditor-General or State Treasurer shall be capable of 
holding the same office for two consecutive terms. 

Section 22. The present great seal of Pennsylvania 
shall be the seal of the State. All commissions shall be 
in the name and by authority of the Commonwealth of 



CONSTITUTION OF PENNSYLVANIA. 61 

Pennsylvania, and be sealed with th< d. and - 

by thi nor. 

Article V. 

THE JUDICIARY. 

■ [on 1. The judicial power of this Commonwealth 
■hall be vested in a Supreme Court, in Court mmon 

Pleas, Courts of Oyer and Terminer and Qeneral 
Delivery. Courts of Quart 3 »na of tl 
phans' Courts, Magisti ourts, and in Bucfa other 

Courts as the General Assembly may from time to time 
establish. 

Section _. The Supreme Court Bhall consist 
judges, who shall be elected by the qualifi 
the State at large. Tiny Bhall hold their offices for tin* 
term of twenty-one years, if they so I«»iil' behave them- 
selves well, but Bhall oot be again eligible. The judge 
whose commission Bhall first expire, shall be Chiel 
lire, and, thereafter, each judge whose commission Bhall 
first expire. Bhall in turn be Chief Justice. 

Section 3. The jurisdiction of the Supreme Court shall 
extend over the State, and the judges thereof shall. by 

virtue of their offices, be justices of Oyer and Terminer 
and General .Tail Delivery in the several counties: they 
shall have original jurisdiction in cases of injunction, 
where a corporation is i party defendant of hab\ 
of mandamus to Courts of inferior jurisdiction. ;m<l of quo 
warranto as to all officers ^( the Commonwealth whose 
jurisdiction extends over the State, but shall uot exercise 
any other original jurisdiction ; they shall have appellate 
jurisdiction, by appeal, certiorari, or writ o\" error, in all 
cases, as is now or may hereafter be provided by law. 

Section 4. Until otherwise directed by law, the Courts 
of Common Pleas shall continue as at present established, 
except as herein changed : not more than four counties 



62 CONSTITUTION OF PENNSYLVANIA. 

shall, at any time, be included in one judicial district 
organized for said Courts. 

Section 5. Whenever a county shall contain forty thou- 
sand inhabitants, it shall constitute a separate judicial 
district, and shall elect one judge learned in the law ; and 
the General Assembly shall provide for additional judges, 
as the business of the said districts may require. Counties 
containing a population less than is sufficient to constitute 
separate districts, shall be formed into convenient single 
districts, or, if necessary, may be attached to contiguous 
districts, as the General Assembly may provide. The 
office of associate judge, not learned in the law, is abol- 
ished, in counties forming separate districts ; but the sev- 
eral associate judges in office when this Constitution shall 
be adopted, shall serve for their unexpired terms. 

Section 6. In the counties of Philadelphia and Alle- 
gheny, all the jurisdiction and powers now vested in the 
District Courts and Courts of Common Pleas, subject to 
such changes as may be made by this Constitution, or by 
law, shall be, in Philadelphia, vested in four, and in Alle- 
gheny in two, distinct and separate Courts of equal and 
co-ordinate jurisdiction, composed of three judges each ; 
the said courts in Philadelphia shall be designated respec- 
tively as the Court of Common Pleas number one, number 
two, number three, and number four, and in Allegheny, 
as the Court of Common Pleas number one and number 
two; but the number of said Courts may be by law 
increased, from time to time, and shall be, in like manner, 
designated by successive numbers ; the number of judges 
in any of said Courts, or in any county where the estab- 
lishment of an additional Court may be authorized by 
law, may be increased, from time to time ; and whenever 
such increase shall amount in the whole to three, such 
three judges shall compose a distinct and separate Court 
as aforesaid, which shall be numbered as aforesaid. In 
Philadelphia, all suits shall be instituted in the said Courts 



///7/70V 01 I LVASIA. 83 

of Common Pleas, without designating the nun) 1 
Court, and the seven] Court* -hall distribute and appor- 
tion the business among them in inch mam all be 
provided by rulei of Court ; and each Court, to which any 
suit shall be thus assigned, shall bav< exclusive jui 
tin,, thereof iubjeel to change of venu< 
yided by law, In Allegheny, each Court shall have 
exclusive jurisdictiop of all proceeding! si lai and in 
equity, commenced th< ibjed to change of • 
ai may be provided by law. 

noM 7. For Philadelphia, there shall Incur prothon- 
otary'fl office, and one prothonotary for all said I 
be appointed by the judgi d Courts, and to hold 

office tor three years, Bubjecl to removal by ■ majority of 
the said judges ; the said prothonotary shall appoinl 

assistants as may he necessary and authorised b] 

Courts, and lie and hi- nts shall ne. i\. ■li\. 

aries, to be determined by law and paid by said county; 
all fees collected in said office, except Buch as may be by 
law due to the Commonwealth, shall be paid by the pro- 
thonotary into the county treasury. Bach Court 
have its separate doc] i pi the judgment d< 

which shall contain the judgments and liens of all tl • 

Courts, as is or may be directed by law. 

Section 8. The said Courts in the counties of Philadel- 
phia and Allegheny, respectively, shall, from time to time, 
in turn, detail one or more of their judges, to hold the 
Courts of Oyer and Terminer, and the Courts of Quarter 
Sessions of the Peace o( said counties, in Buch manner 
as may be directed by law. 

Section 9. Judges of the Courts of Common Pleas 
learned in the law shall be judges of the Courts of Oyer 
and Terminer, Quarter Sessions of the Trace and General 

Jail Delivery, and of the Orphans' Court, and within their 
respective districts shall be justices of the peace as to 
criminal matters. 



64 CONSTITUTION OF PENNSYLVANIA. 

Section 10. The judges of the Courts of Common Pleas, 
within their respective counties, shall have power to issue 
writs of certiorari to justices of the peace and other inferior 
Courts not of record, and to cause their proceedings to be 
brought before them, and right and justice to be done. 

Section 11. Except as otherwise provided in this Con- 
stitution, justices of the peace or aldermen shall be elected 
in the several wards, districts, boroughs, and townships, at 
the time of the election of constables, by the qualified 
electors thereof, in such manner as shall be directed by 
law, and shall be commissioned by the Governor for a 
term of five years. No township, ward, district, or 
borough shall elect more than two justices of the peace or 
aldermen, without the consent of a majority of the qualified 
electors within such township, ward, or borough; no 
person shall be elected to such office, unless he shall have 
resided within the township, borough, ward, or district, for 
one year next preceding his election. In cities containing 
over fifty thousand inhabitants, not more than one alder- 
man shall be elected in each ward or district. 

Section 12. In Philadelphia, there shall be established, 
for each thirty thousand inhabitants, one Court, not of 
record, of police and civil causes, with jurisdiction not 
exceeding one hundred dollars ; such Courts shall be held 
by magistrates, whose term of office shall be five years, 
and they shall be elected on general ticket, by the qualified 
voters at large ; and in the election of the said magistrates, 
no voter shall vote for more than two-thirds of the number 
of persons to be elected, when more than one are to be 
chosen ; they shall be compensated only by fixed salaries, 
to be paid by said county ; and shall exercise such juris- 
diction, civil and criminal, except as herein provided, as is 
now exercised by aldermen, subject to such changes, not 
involving an increase of civil jurisdiction, or conferring 
political duties, as may be made by law. In Philadelphia, 
the office of alderman is abolished. 



0ON8TFTUTIOH OF I LVANLL 65 

ioh L3. All fl i s, fines, and penalt 
shall be paid Into the county treasury. 

Section n. In all cases of summary conviction in this 
Commonwealth, or of judgment in Buit ilty 

before a magistrate, or court uot of record, either party 
may appeal to such court of record as may b prescribed 
by law, upon allowance of the appellate court, orjud 
thereof, upon cause shon n. 

g] ■ i im\ L5, All judges required to be !• arned in the law, 
except the judges of the Supreme Court, shall bi 
by the qualified electors of the respective d 
wIi'k-Ii they arc to preside, and Bhall hold their ofl 
the period of ten years, if they shall so Long behave them? 
selves well; but for any reasonable cause, which shall not 
be sufficient ground for impeachment, the Governor m 
remove any of them, on the addn ss of two-thirds of each 
Bouse of the < teneral Assembly. 

i..\ L6, Whenever twojudgi - ol th< Supreme I 
are to be chosen for the same term ol 
shall vote for one only, and when three are to be 
he shall vote for no more than two ; candidates high* si in 
vote shall be declared elected. 

Sectiom 17. should any two or more judges of th< - 
preme Court, or any two or more judges of the Court 
Common Pleas for the same district, be elected at the same 
time, they shall, as soon after the election as convenient, 
cast lots tor priority of commission, and certify the result 
to the Governor, who shall issue their commissions in 
accordance therewith. 

Section 18, The judges of the Supreme Court and the 
judges of the several Courts ^\ Common Pleas, and all 
other judges required to be learned in the law, shall, at 
stated times, receive for their services an adequate com- 
pensation, which shall be fixed by law, and paid by the 
State. They shall receive no other compensation, fees, or 
perquisites of office, for their services, from any source; 

5 



66 CONSTITUTION OF PENNSYLVANIA. 

nor hold an)' other office of profit under the United States, 
this State, or any other State. 

Section 19. The judges of the Supreme Court, during 
their continuance in office, shall reside within this Com- 
monwealth ; and the other judges, during their contin- 
uance in office, shall reside within the districts for which 
they shall be respectively elected. 

Section 20. The several Courts of Common Pleas, be- 
sides the powers herein conferred, shall have and exer- 
cise, within their respective districts, subject to such changes 
as may be made by law, such chancery powers as are now 
vested by law in the several Courts of Common Pleas of 
this Commonwealth, or as may hereafter be conferred upon 
them by law. 

Section 21. No duties shall be imposed by law upon 
the Supreme Court or any of the judges thereof, except 
such as are judicial ; nor shall any of the judges thereof 
exercise any power of appointment, except as herein pro- 
vided. The Court of Nisi Prius is hereby abolished ; and 
no court of original jurisdiction, to be presided over by 
any one or more of the judges of the Supreme Court, shall 
be established. 

Section 22. In every county wherein the population 
shall exceed one hundred and fifty thousand, the General 
Assembly shall, and in any other county may, establish a 
separate Orphans' Court, to consist of one or more judges, 
who shall be learned in the law ; which Court shall exer- 
cise all the jurisdiction and powers now vested in, or which 
may hereafter be conferred upon, the Orphans' Courts ; 
and thereupon, the jurisdiction of the judges of the Court 
of Common Pleas within such county, in Orphans' Court 
proceedings, shall cease and determine. In any county in 
which a separate Orphans' Court shall be established, the 
register of wills shall be clerk of such Court, and subject 
to its directions, in all matters pertaining to his office ; he 
may appoint assistant clerks, but only with the consent 



cossTiTrriov of Pennsylvania. §7 

and approval of said Court All accounts filed with him 
r. or as clerk of the aaid separate < tapl : >rt. 
shall be audited by the Court, without expense to 

pt where all parties in intereal in a \« nding 
shall aominate an auditor, whom the Court may, in its 
discretion, appoint. In i very county, ( ►rpl 
shall possess all the powers and jurisdiction 
ter'a ( lour! ; and separate R 
abolished. 

m i i ins 23. The style of all pi ' om- 

monwealth of Pennsylvania." All prosecutions shall 
carried on in the name and by the authority of the Com- 
monwealth of Pennsylvania, and conclude "against the 
peace and dignity of the same." 

B» ii"\ 24. In all cases of felonious homicide, and in 
such other criminal coses as may be provided for by 1 
the accused, after conviction and sentence, may n move the 
indictment, record, and all proceedings, to the Supn 
Court, for review. 

Si ( now 25. Any vacancy happening by death, resigna- 
tion, or otherwise, in any court of record, shall be filled by 
appointment, by the Governor, to continue till the first 
Monday of January next succeeding the first genera] i 
tion, which shall occur three or more months after the 
happening of Buch vacancy. 

Section 26. All laws relating to Courts shall be general, 
and of uniform operation, and the organization, jurisdic- 
tion, and powers of all Courts of the same class "i* grade, 
so tar as regulated by law, and the force and effect of the 
process and judgments of Buch Court-, shall be uniform ; 
and the Genera) Assembly is hereby prohibited from 
creating other Courts, to exercise the powers vested by 
this Constitution in the judges ^( the Courts o\ Common 

Pleas and Orphans' Courts. 

Section 27. The parties, by agreement filed, may. in 
any civil case, dispense with trial by jury, and submit the 



68 CONSTITUTION OF PENNSYLVANIA. 

decision of such case to the Court having jurisdiction 
thereof, and such Court shall hear and determine the 
same; and the judgment thereon shall be subject to a 
writ of error, as in other cases. 



Article VI. 

IMPEACHMENT AND REMOVAL FROM 
OFFICE. 

Section 1. The House of Representatives shall have the 
sole power of impeachment. 

Section 2. All impeachments shall be tried by the Sen- 
ate ; when sitting for that purpose, the Senators shall be 
upon oath or affirmation ; no person shall be convicted 
without the concurrence of two-thirds of the members 
present. 

Section 3. The Governor and all other civil officers 
shall be liable to impeachment for any misdemeanor in 
office ; but judgment in such cases shall not extend further 
than to removal from office and disqualification to hold 
any office of trust or profit under this Commonwealth ; 
the person accused, whether convicted or acquitted, shall, 
nevertheless, be liable to indictment, trial, judgment, and 
punishment, according to law. 

Section 4. All officers shall hold their offices on the 
condition that they behave themselves well while in office, 
and shall be removed, on conviction of misbehavior in 
office, or of any infamous crime. Appointed officers, other 
than judges of the courts of record, and the Superintend- 
ent of Public Instruction, may be removed, at the pleasure 
of the power by which they shall have been appointed. 
All officers elected by the people, except Governor, Lieu- 
tenant-Governor, members of the General Assembly, and 
Judges of the Courts of Record, learned in the law, shall 
be removed by the Governor, for reasonable cause, after 



mxvrtaa of i i nv/.i M 

due aoticeand full hearing, on theaddrei 
of the Senate. 

ARTICLE VII. 
OATH OF OFFICE. 

Section l Senatorsand Repp ad all judicial 

State and county officers, shall, before entering on I 
duties of their respective offices, tak< the 

following oath or affirmation: w l do wlemn 
affirm) thai I will Bupport, obey, and defend th< I 
tutionof the United States, and the Constitution 
Commonwealth, and that 1 will discharge the d 
n ,v office with fidelity; that I have uo1 paid or contrib 
uted, or promised to pay or contribute, either din 
indirectly, any money or other valuable thing, to pre* 
my uomination or election (or appointment . exct p1 for 
Qecessary and proper expenses expressly authorised by 
la W; thai 1 have not knowingly violated any election law 
of this Commonwealth, or procured il to be done by 
others in my behalf; thai 1 will nol knowingly 
directly or indirectly, any money or other valuable thing 
for the performance or non-performance of any ad or 
duty pertaining to my office, other than the compensation 
allowed by law." 

The foregoing oath shall be administered by Bonn 
son authorised to administer oaths, and In the case of 
State officers and judges of the Supreme i shall 

he filed in the office of the Secretary of the Common- 
wealth, and in the case Of other judicial and county 
officers, in the office of the prothonotary of the county in 
which the Bame is taken: any person refusing to take said 
oath or affirmation, shall forfeit his office ; and any person 
who shall be convicted o( having sworn or affirmed falsely. 
or of having violated said oath or affirmation, shall be 
guilty o( perjury, and be for ever disqualified from hold- 



70 CONSTITUTION OF PENNSYLVANIA. 

ing any office of trust or profit within this Commonwealth. 
The oath to the members of the Senate and House of 
Representatives shall be administered by one of the judges 
of the Supreme Court, or of a Court of Common Pleas 
learned in the law, in the hall of the House to which the 
members shall be elected. 

Article VIII. 

SUFFRAGE AND ELECTIONS. 

Section 1. Every male citizen, twenty-one years of age, 
possessing the following qualifications, shall be entitled to 
vote at all elections : 

I. He shall have been a citizen of the United States at 
least one month. 

II. He shall have resided in the State one year Tor if, 
having previously been a qualified elector or native-born 
citizen of the State, he shall have removed therefrom and 
returned, then six months) immediately preceding the 
election. 

III. He shall have resided in the election district where 
he shall offer to vote at least two months immediately 
preceding the election. 

IV. If twenty 4avo years of age or upwards, he shall 
have paid, within two years, a State or county tax, which 
shall have been assessed at least two months, and paid at 
least one month, before the election. 

Section 2. The general election shall be held annually 
on the Tuesday next following the first Monday of Novem- 
ber ; but the General Assembly may by law fix a different 
day, two-thirds of all the members of each House con- 
senting thereto. 

Section 3. All elections for city, ward, borough, and 
township officers, for regular terms of service, shall be 
held on the third Tuesday of February. 

Section 4. All elections by the citizens shall be by 



rn.\M/rrrio.\ 01 I IV AXIL 71 

ballot Every ballot voted shall be numbered in th« 
in winch it thai) be received, and the number recorded by 
the election officers <>n the list of voters, opr> name 

of the elector who pn i ballot Any elector may 

write hi- name upon bis ticket, or to be 

written thereon, and attest d by ■ citizj n of th< 
The election officer! shall be sworn or affirm n<»t t 

how any elector shall have voted, unh red t<» 

do so ae witnesses in a judicial proceeding. 

Si i i -ion :>. Bleoton shall in all 
felony, and breach or surety of the peace, be prii 
from arrest during their attendance on el nd in 

going to and returning therefrom. 

Si i i m\ 6. Whenever any of the qualiffc 

1 nimnonwealth shall be in aetnal miiitar 

under a requisition from the President of th< I 
States, or by the authority of this Commonwealth, 
electors may exercise the right of suffrage, in aJ 
by the citizens, under Buch regulations »r shall be 

prescribed by law, as rally as if they wen- pre* nt at their 
usual places of election. 

Section 7, All laws regulating the holding of elections 
by the citizens, or for the registration of el< all be 

uniform throughout the state: but no el< all be 

deprived of the privilege of voting by reason of his name 
not being registered. 

Section 8 Any person who shall give, or promif 

Offer to give, to an elector, any money, n ward. Of 

valuable consideration, for his vote at an election, or for 
withholding the same, or who shall give, or prom • 
such consideration to any other person or party, for such 
elector's vote, or for the withholding thereof, and any elec- 
tor who Bhall receive, or agree to receive, for himself or for 
another, any money, reward, or other valuable consider- 
ation, lor his vote at an election, or tor withholding the 
same, shall thereby forfeit the right to vote at such elee- 



72 CONSTITUTION OF PENNSYLVANIA. 

tion; and any elector whose right to vote shall be chal- 
lenged for such cause, before the election officers, shall 
be required to swear or affirm that the matter of the chal- 
lenge is untrue, before his vote shall be received. 

Section 9. Any person who shall, while a candidate for 
office, be guilty of bribery, fraud, or wilful violation of 
any election law, shall be forever disqualified from holding 
an office of trust or profit in this Commonwealth ; and any 
person convicted of wilful violation of the election laws, 
shall, in addition to any penalties provided by law, be 
deprived of the right of suffrage absolutely for a term of 
four years. 

Section 10. In trials of contested elections, and in pro- 
ceedings for the investigation of elections, no person shall 
be permitted to withhold his testimony, upon the ground 
that it may criminate himself, or subject him to public 
infamy ; but such testimony shall not afterwards be used 
against him, in any judicial proceeding, except for perjury 
in giving such testimony. 

Section 11. Townships, and wards of cities or boroughs, 
shall form or be divided into election districts of compact 
and contiguous territory, in such manner as the Court of 
Quarter Sessions of the city or county in which the same 
are located may direct ; but districts in cities of over one 
hundred thousand inhabitants shall be divided by the 
Courts of Quarter Sessions, having jurisdiction therein, 
whenever, at the next preceding election, more than two 
hundred and fifty votes shall have been polled therein ; 
and other election districts, whenever the Court of the 
proper county shall be of opinion that the convenience 
of the electors and the public interests will be promoted 
thereby. 

Section 12. All elections by persons in a representative 
capacity shall be viva voce. 

Section 13, For the purpose of voting, no person shall 
be deemed to have gained a residence, by reason of his 



CONSTITUTION OF PI S WYLVA v/.i 

nee, or lost it, by reason of his absence, wbil< 
ployed in the service, either civil or military, of this 
or of the United States, nor while engaged in the naviga- 
tion of the waters of the State or of the United 8t 
on the high seas, oor while a student of any institution «»i 
learning, nor while kept in any poor-house or oth< r asylum, 
;ii public exp< ose, nor while confined in public prison 

now ll. I district election boards shall coi 
judge <- 1 1 1 • 1 two inspectors, irho shaU be chosen annually 
by the citizens. Each el< i tor .-hall have the right to rote 
for the judge and one inspector, and each insr> 
appoint one clerk. The Srst election board for any nen 
district shall !><• selected, and vacancies in election boards 
filled, as shall be provided by law. Election offi 
be privileged from arrest upon daye Lion, and while 

;ed in making up and transmitting retun 
upon warrant of s court of record or judge th< p 
election fraud, for felony, or for wanton breach of the i 
In cities they may claim exemption from jury duty during 
their terms of service. 
Si i i ion 15. No i" rson shall be qualified I 

election otlicer who shall hold, Or shall, within two months, 

have held, any office, appointment, <>r employment in <»r 
under the government of the United States orof this E 
or of any city or county, or of any municipal board, com- 
mission, or trust, in any city, save only justices of the 
peace and aldermen, notaries public, and persons in the 
militia service of the state: nor shall any election officer 
be eligible to any civil office, to l>c filled at an election at 
which he shall serve, save only to such subordinate mu- 
nicipal or local offices, below the grade of city or county 
offices, as shall he designated by general law. 

Section 16. The Courts of Common Pleas of the several 
counties of the Commonwealth shall have power, within 
their respective jurisdictions, to appoint overseers of elec- 
tions, to supervise the proceedings oi election officers, and 



74 CONSTITUTION OF PENNSYLVANIA. 

to make report to the Court as may be required ; such 
appointments to be made for any district in a city or 
county, upon petition of five citizens, lawful voters of 
such election district, setting forth that such appointment 
is a reasonable precaution to secure the purity and fair- 
ness of elections ; overseers shall be two in number for an 
election district, shall be residents therein, and shall be 
persons qualified to serve upon election boards, and in 
each case members of different political parties ; whenever 
the members of an election board shall differ in opinion, 
the overseers, if they shall be agreed thereon, shall decide 
the question of difference ; in appointing overseers of 
election, all the law judges of the proper Court, able to act 
at the time, shall concur in the appointments made. 

Section 17. The trial and determination of contested 
elections of electors of President and Vice-President, mem- 
bers of the General Assembly, and of all public officers, 
whether State, judicial, municipal, or local, shall be by 
the Courts of law, or by one or more of the law judges 
thereof; the General Assembly shall, by general law, des- 
ignate the Courts and judges by whom the several classes 
of election contests shall be tried, and regulate the manner 
of trial, and all matters incident thereto ; but no such law 
assigning jurisdiction, or regulating its exercise, shall apply 
to any contest arising out of an election held before its 
passage. 

Article IX. 

TAXATION AND FINANCE. 

Section 1. All taxes shall be uniform upon the same 
class of subjects, within the territorial limits of the au- 
thority levying the tax, and shall be levied and collected 
under general laws ; but the General Assembly may, by 
general laws, exempt from taxation public property used 
for public purposes, actual places of religious worship, 



LVANIA 75 

places of burial not used or held for private or oor] 
profit, and institutions of purely public charity. 

no« 2. All lawi exempting property rrom taxation, 
other than the property above enumerated, shall h«- void. 

Si i 1 1.,\ :;. The power to tax corporations and 
property shall not be surrendered or suspended, by any 
contract or granl to which th< 9 shall be 

Section i No debt shall be created by or on behalf of 
the Btate, except to supply casual defi< 
repel invasion, Buppress insurrection, defi nd th< 9 
war, or t<> pay existing debt ; and the deb! i 
supply deficiencies in revenue, shall never i in the 

aggregate, at any one time, one million of dollars. 

Bei pion 5, All la ws authorizing the borrowing of m 
by and on behalf of the state, shall specify the purpose 
for which the money i- t<» he used; ami the moo 
borrowed shall be used tor the purpose specified, and no 

other. 

B» pion 6, The credit of the Commonwealth shall not 
be pledged or loaned to any individual, company 
at ion. or association ; nor shall the Commonwealth b 
a joint owner or stockholder in any compan; 
or corporation. 

Bection 7. The General Assembly shall not authorise 
any county, city, borough, township, or incorporated dis- 
trict to becomes stockholder in any company, association, 

or corporation, or to obtain or appropriate money f.»r. or 
to loan its credit to, any corporation, association, institu- 
tion, or individual. 

Section s. The debt of any county, city, borough, town- 
ship, school district, or other municipality or incorpor a ted 
district, except as herein provided, shall nevi 

Seven per centum upon tl, 1 value of the taxable 

property therein, nor shall any such municipality or dis- 
trict incur any new debt, or increase its indehtedn 

an amount exceeding two per centum upon such SSI 



76 CONSTITUTION OF PENNSYLVANIA. 

valuation of property, without the assent of the electors 
thereof, at a public election, in such manner as shall be 
provided by law ; but any city, the debt of which now 
exceeds seven per centum of such assessed valuation, may 
be authorized by law to increase the same three per 
centum in the aggregate, at any one time, upon such valu- 
ation. 

Section 9. The Commonwealth shall not assume the 
debt, or any part thereof, of any city, county, borough, 
or township, unless such debt shall have been contracted 
to enable the State to repel invasion, suppress domestic 
insurrection, defend itself in time of war, or to assist the 
State in the discharge of any portion of its present indebt- 
edness. 

Section 10. Any county, township, school district, or 
other municipality, incurring any indebtedness, shall, at 
or before the time of so doing, provide for the collection 
of an annual tax sufficient to pay the interest, and also 
the principal thereof within thirty years. 

Section 11. To provide for the payment of the present 
State debt, and any additional debt contracted as afore- 
said, the General Assembly shall continue and maintain 
the sinking fund, sufficient to pay the accruing interest on 
such debt, and annually to reduce the principal thereof, 
by a sum not less than two hundred and fifty thousand 
dollars; the said sinking fund shall consist of the pro- 
ceeds of the sales of the public works or any part thereof, 
and of the income or proceeds of the sale of any stocks 
owned by the Commonwealth, together with other funds 
and resources that may be designated by law, and shall 
be increased from time to time, by assigning to it any part 
of the taxes or other revenues of the State not required 
for the ordinary and current expenses of Government; 
and unless in case of war, invasion, or insurrection, no 
part of the said sinking fund shall be used or applied 
otherwise than in the extinguishment of the public debt. 



CONSTITUTION OP Pi M8YLVANIA. 77 

im\ 12, The moneys of the 8 ud above 

the accessary n hall be used in the payment of the 

debt of ili<- State, either directly or through the sinking 
fond ; and tin moneys of the sinking fond shall d< 
invested in or loaned ujm.ii the security of anything, 
i ].i the bonds of the I'uit- 3 >r of thi : 

i ion L3. The monej - held as i shall 

be limited by law to the amount requin urrent 

expenses, and shall be Becured and k< j.t as may b 
^ided by law. Monthly statements shall be published, 
showing the amount «»t such moneys, where tin 
deposited, and how secured. 

piok ll. The making of profit out of the public 
moneys, or using the same for any purp 
by law, by any officer of the state or member or officer 
of the General assembly, shall be a misdemeanor, and 
shall be punished as may be provided by law; but part 
of such punishment shall be disqualification to hold office 
for a period of not less than ii\ s \ I 



Article X. 

EDUCATIO N. 

Section 1. The General Assembly Bhall provide for the 
maintenance and support of a thorough and efficient 
system of public Bchools, wherein all the children of this 
Commonwealth, above the age of six years, may be edu- 
cated, and Bhall appropriate at least one million dollars 
each year for that purpose. 

Section 2. No money raised for the support of the ]»ul>- 
lie schools o\' the Commonwealth, shall be appropriated to 
or used for the support of any sectarian school. 

Si, Hon 8. Women twenty-one years of age and Up- 
wards shall be eligible to any office of control or manage- 
ment under the school laws of this State, 



78 CONSTITUTION OF PENNSYLVANIA. 

Article XL 

MILITIA. 

Section 1. The freemen of this Commonwealth shall be 
armed, organized, and disciplined for its defence, when 
and in such manner as may be directed by law. The 
General Assembly shall provide for maintaining the mil- 
itia, by appropriations from the treasury of the Common- 
wealth ; and may exempt from military service persons 
having conscientious scruples against bearing arms. 

Article XII. 

PUBLIC OFFICERS. 

Section 1. All officers, whose selection is not provided 
for in this Constitution, shall be elected or appointed as 
may be directed by law. 

Section 2. No member of Congress from this State, nor 
any person holding or exercising any office or appoint- 
ment of trust or profit under the United States, shall, at 
the same time, hold or exercise any office in this State, to 
which a salary, fees, or perquisites shall be attached. The 
General Assembly may by law declare what offices are 
incompatible.. 

Section 3. Any person who shall fight a duel, or send 
a challenge for that purpose, or be aider or abettor in 
fighting a duel, shall be deprived of the right of holding 
any office of honor or profit in this State, and may be 
otherwise punished as shall be prescribed by law. 

Article XIII. 

NEW COUNTIES. 

Section 1. No new county shall be established which 
shall reduce any county to less than four hundred square 
miles, or to less than twenty thousand inhabitants; nor 



ruvnoi 01 i /.im.v/.i. 79 

shall any county be formed Ol 

less population , nor -hall any line thereof pa.-s within 

ten miles of the count} w at of any county prop 
divided. 

Article XIV. 

COUNTY OFFICERS. 

nou i. ( Mimty offioen shall - onsist o 
oners, prothonotari ol wills, • 

commissioners, treason rs, buti ntrol- 

lere, clerks <>i the courts, district-attorneys, and such i 
as may. from time i" time, be established by law ; and do 
sheriff or treasurer shal] be eligible tor tin U rm 
oeeding the one for which he may be elected. 

i ion 2. County officers -hall 1 at th< 

era] elections, ami -hall bold their offices for the t< rm of 
thnc years, beginning on the first Monday of January 
next athr their election, and until their -■ -hall 

he duly qualified; all vacancies Dot otherwise provided 

for. -hall he filled in BOcb mania r a- may be provided 

by law. 

No person shall he appointed t<» any office 

within any county, who shall have not been a citisen and 

an inhabitant therein one year next before hi- appoint- 
ment, it' the county shall have been -■» l<>n. : but 
if it shall not have been 90 long erected, then within the 
limits of tlu^ eonnty or counties out ofwhich it shall have 
been taken. 

Si ■, noN i. Prothonotaries, clerks of the courts, recorders 
o( i\cc(]<. registers ^( wills, county-surveyors, and sheriffs, 

shall keep their offices in the eonnty town of the county 
in which they respectively shall be office 

Section 5. The compensation o( county officers shall 
be regulated by law. and all county offioen who are or 

may he salaried, shall pay all fees which they may be 



80 CONSTITUTION OF PENNSYLVANIA. 

authorized to receive, into the treasury of the county or 
State, as may be directed by law. In counties containing 
over one hundred and fifty thousand inhabitants, all 
county officers shall be paid by salary ; and the salary of 
any such officer and his clerks, heretofore paid by fees, 
shall not exceed the aggregate amount of fees earned dur- 
ing his term and collected by or for him. 

Section 6. The General Assembly shall provide by law 
for the strict accountability of all county, township, and 
borough officers, as well for the fees which may be col- 
lected by them, as for all public or municipal moneys 
which may be paid to them. 

Section 7. Three county commissioners and three coun- 
ty auditors shall be elected in each county where such 
officers are chosen, in the year 1875, and every third year 
thereafter ; and in the election of said officers, each qual- 
ified elector shall vote for no more than two persons, and 
the three persons having the highest number of votes shall 
be elected; any casual vacancy in the office of county 
commissioner or county auditor shall be filled by the 
Court of Common Pleas of the county in which such va- 
cancy shall occur, by the appointment of an elector of the 
proper county, who shall have voted for the commissioner 
or auditor whose place is to be filled. 

Article XV. 

CITIES AND CITY CHARTERS. 

Section 1. Cities may be chartered, whenever a majority 
of the electors of any town or borough, having a popula- 
tion of at least ten thousand, shall vote, at any general 
election, in favor of the same. 

Section 2. No debt shall be contracted or liability in- 
curred by any municipal commission, except in pursuance 
of an appropriation previously made therefor by the 
municipal government. 



( 0N8TJTUTION OF Pi * VS YLVANIA. 81 

I Every city shall create a sinking fund, which 
shall be inviolably pledged for the payment of Lie funded 
debt 

ARTICLE XVI. 
PRIVATE CORPORATIONS. 

m\ i. All existing chart re, or grantc al or 

exclusive privileges, under which a !>">,>, ji.i, organL 
shall not have taken place, and i"i- 

od faith, at the time of tin- adoption <»t" this 4 
tution, shall thereafter have no validity. 

i,,\ 2. The General Assembly shall Dot remit the 
forfeiture <>t* the charter of any corporation non 
or alter or amend the sanv m any other general or 

special law for the benefit <»t Buch corpo 
upon the condition thai Buch corporation shall then 
hold it- charter Bubjecl to the provisions -»t tin- ( institu- 
tion. 

Si i iim\ :;. Xhe exercise of the r i •_: h t of eminent domain 
shall never be abridged, or bo construed ;i- t>. prevent the 
General Assembly from taking the property and fran 
of incorporated companies, and subjecting them t<> public 
use, the same as the property of individuals; and the 
exercise <>f the police power of the State -hall never be 
abridged or s<> construed a- to permit corporations t" con- 
duct their business in such manner a- to infringe the 
equal rights of individuals or the general well-being of the 

State. 

Section 4, In all elections for directors or manage 

a corporation, each member or shareholder may cast the 
whole number of his votes for one candidate, or distribute 

thorn upon two or more candidates, as he may prefer. 

Section 5. No foreign corporation shall do anyone 
in this state, without having one or more known pis 
business, ami an authorised agent or agents in the same. 
Upon whom process may be served. 

6 



82 CONSTITUTION OF PENNSYLVANIA. 

Section 6. No corporation shall engage in any business 
other than that expressly authorized in its charter; nor 
shall it take or hold any real estate, except such as may 
be necessary and proper for its legitimate business. 

Section 7. No corporation shall issue stocks or bonds, 
except for money, labor done, or money or property 
actually received; and all fictitious increase of stock or 
indebtedness shall be void. The stock and indebtedness 
of corporations shall not be increased except in pursuance 
of general law, nor without the consent of the persons 
holding the larger amount in value of the stock, first 
obtained, at a meeting to be held, after sixty days' notice, 
given in pursuance of law. 

Section 8. Municipal and other corporations, and indi- 
viduals invested with the privilege of taking private prop- 
erty for public use, shall make just compensation for 
property taken, injured, or destroyed by the construction 
or enlargement of their works, highways, or improvements, 
which compensation shall be paid or secured before such 
taking, injury, or destruction. The General Assembly is 
hereby prohibited from depriving any person of an appeal 
from any preliminary assessment of damages against any 
such corporations or individuals, made by viewers or 
otherwise ; and the amount of such damages, in all cases 
of appeal, shall, on the demand of either party, be deter- 
mined by a jury, according to the course of the common 
law. 

Section 9. Every banking law shall provide for the 
registry and countersigning, by an officer of the State, of 
all notes or bills designed for circulation ; and that ample 
security to the full amount thereof shall be deposited 
with the auditor-general, for the redemption of such notes 
or bills. 

Section 10. The General Assembly shall have the power 
to alter, revoke, or annul any charter of incorporation now 
existing, and revocable at the adoption of this Constitu- 



CONSTITUTION OF PI W8YLVANIA. 

turn, or any that may hereafter be created, whenev< 

their opinion, it may be Injurioui to the i if this 

Commonwealth, in such manner, however, that no inji 

slinU he (lone U> the corporators. No law In r< 

shall create, renew, or extend the charter of more than one 

corporation. 

[TOM 11. No corporal*' hody to possess hanking ami 

discounting privilege s, shall l- d, in 

pursuance of any law, without three months 1 previous 
public notice, at the place of the intended location, "i 
the intention to apply for such prii il< g< b, In such manner 
is -hall be prescribed by law; nor Bhall s chart 
such privilege be granted for a longer p< riod than tv. 
years. 

now \~. Any association or corporation organised 
for the purpose, or any individual, -hall have the right to 
Construct and maintain lines of telegraph within this 

siatc, and to connect tin- same with other lines; and the 
General assembly shall, by general law, of uniform oper- 
ation, provide reasonable regulations to give full effi 
this section. No telegraph company shall consolidate 
with, or hold a controlling interest in. the stock or bonds 
of any other telegraph company, owning a competing line, 
or acquire, by purchase or others ise, any other competing 
line i)[' telegraph. 
B» iion \:\. The term "corporations," as used in this 

article, shall he construed to include all joint stock Com- 
panies or associations, having any of the powers or privi- 
leges o( corporations not possessed by individuals or part- 
nerships. 

Article XVII. 

RAILROADS AND CANALS. 

noN 1. All railroads and canals shall he public 
highways, and all railroad and canal companies shall be 



84 CONSTITUTION OF PENNSYLVANIA. 

common carriers. Any association or corporation organ- 
ized for the purpose, shall have the right to construct and 
operate a railroad between any points within this State, 
and to connect, at the State line, with railroads of other 
States. Every railroad company shall have the right, 
with its road, to intersect, connect with, or cross any other 
railroad ; and shall receive and transport each the other's 
passengers, tonnage, and cars, loaded or empty, without 
delay or discrimination. 

Section 2. Every railroad and canal corporation organ- 
ized in this State shall maintain an office therein, where 
transfers of its stock shall be made, and where its books 
shall be kept for inspection by any stockholder or creditor 
of such corporation, in which shall be recorded the amount 
of capital stock subscribed or paid in, and by whom, the 
names of the owners of its stock, and the amounts owned 
by them, respectively, the transfers of said stock, and the 
names and places of residence of its officers. 

Section 3. All individuals, associations, and corporations 
shall have equal right to have persons and property trans- 
ported over railroads and canals, and no undue or unrea- 
sonable discrimination shall be made, in charges for, or in 
facilities for, transportation of freight or passengers, within 
the State, or coming from or going to any other State. 
Persons and property transported over any railroad, shall 
be delivered at any station, at charges not exceeding the 
charges for transportation of persons and property of the 
same class, in the same direction, to any more distant 
station; but excursion and commutation tickets may be 
issued at special rates. 

Section 4. No railroad, canal, or other corporation, or 
the lessees, purchasers, or managers of any railroad or 
canal corporation, shall consolidate the stock, property, or 
franchises of such corporation, with, or lease or purchase 
the works or franchises of, or in any way control, any 
other railroad or canal corporation, owning or having 



STFTUTIO* 01 PENNSYLVANIA. 

under its control a parallel or competing line; qoi 
any officer of Bucfa railroader canal corporation 
officer of any other railroad or canal corporation, owning 
or having the control of a parallel or competing lin<- ; and 
the question whether railro ds are parallel or 

competing Lines -hall, when demanded by tl com- 

plainant, be decided by a jury, as in oth< i civil 

So incorporated company, do busi- 

of a common carrier, shall, directly or indii 
sute or engage in mining or manufacturing 
for transportation over it- worki ill such company, 

directly or indirectly, engage in any other business than 
thai of common carriers, or hold or acquire lands, freehold 
or leasehold, directly or indirectly, exa pi such as shall be 
.nv for carrying on its business; but any mining or 
manufacturing company may carry the products of its 
mints an<l manufactories on its railroad ;. not 

exceeding fifty miles in length. 

8e( rion 6, No president, director, officer, agent, or em- 
ploye* of any railroad <>r canal company, shall be inter- 
ested, directly or indirectly, in the furnishing of material 
or supplies to Buch company, or in the bus trans- 

portation as a common carrier of iV. sight or past 
over the works owned. lcas<<K controlled, or worked by 
such company. 

Section 7. No discrimination in charges, or facilities 
for transportation, shall be made between transportation 
companies and individuals, or in favor of either, by abate- 
ment, drawback, or otherwise; and no railroad or canal 
company, or any lessee, manager, or employe* tl 
shall make any preferences in furnishing cars or motive 
power. 

to» s No railroad, railway, or other transportation 
company shall grant free passes, or passes at a discount, to 
any person, except officers or employed of the company. 

Section 9. No street passenger railway shall be eon- 



86 CONSTITUTION OF PENNSYLVANIA. 

structed within the limits of any city, borough, or town- 
ship, without the consent of its local authorities. 

Section 10. No railroad, canal, or other transportation 
company, in existence at the time of the adoption of this 
article, shall have the benefit of any future legislation, by 
general or special laws, except on condition of complete 
acceptance of all the provisions of this article. 

Section 11. The existing powers and duties of the au- 
ditor-general, in regard to railroads, canals, and other 
transportation companies, except as to their accounts, are 
hereby transferred to the secretary of internal affairs, who 
shall have a general supervision over them, subject to such 
regulations and alterations as shall be provided by law ; 
and, in addition to the annual reports now required to be 
made, said secretary may require special reports, at any 
time, upon any subject relating to the business of said 
companies, from any officer or officers thereof. 

Section 12. The General Assembly shall enforce, by ap- 
propriate legislation, the provisions of this article. 

Article XVIII. 

FUTURE AMENDMENTS. 

Section 1. Any amendment or amendments to this 
Constitution may be proposed in the Senate or House of 
Representatives ; and, if the same shall be agreed to by a 
majority of the members elected to each House, such pro- 
posed amendment or amendments shall be entered on their 
journals, with the yeas and nays taken thereon, and the 
Secretary of the Commonwealth shall cause the same to 
be published, three months before the next general elec- 
tion, in at least two newspapers in every county in which 
such newspapers shall be published ; and if, in the General 
Assembly next afterwards chosen, such proposed amend- 
ment or amendments shall be agreed to by a majority of 
the members elected to each House, the Secretary of the 



( 0N8TITUTION <>l PENN8YL r.i.w.i. 

Commonwealth Bhall cause the same again to be pub! 
in the manner aforeeaid; and such proposed amendment 
or amendments Bhall t><- Bubmitted to the qualifit 
of the State, in Buch manner, and tA Buch tin* 
three months after bein i "1 to by the two H 

sb the Genera] Assembly Bhall pn scribe ; and n 
amendmenl or amendments shall !■• approve -1 by 
jority of those voting thereon, such ami admenl 01 
menti shall become a pari of the Constitution ; h 
amendmenl or amendments Bhall be submits 
than once in Ave years. When two or more ann odi 
Bhall be submitted, they Bhall be voted upon si parately. 



SUBJECTS OF THE 8EVEK IL AliTh LE8 OF 
THE CONSTIT1 TION OF PENNSYLVANIA. 

A.BTICLI I. Declaration of Mghti • 40 

II. The Legtelatarc u 

111. I.. -ji-latinii .49 

iv. The Executive . . 

V. The .In. lit lary 

VI. Impeachment and Removal from Offlta . 68 

vii. The Oath of Ofllee 

VIII. Suffrage and Elections ~" 

IX. Taxation and Finance . . ?i 

x Education 

XI. The Militia 

XII. Pnblie Officers 78 

xill. New ( .mill iee 78 

xiv. county Offioen 

XV. 1 it its and City Charters . . 

XVI. Private Oorporationi W 

XVll. Railroads and Canals 

XVI il. Future Amendments 86 



APPENDIX. 



3XK< 



THE JUDICIAL DISTRICTS OF PENNSYLVANIA. 



Pennsylvania is divided into fifty-one judicial districts, as follows 



1. Philadelphia County. 

2. Lancaster " 

3. Northampton " 

4. Tioga " 

5. Allegheny " 

6. Erie 

7. Bucks 

8. Northumberland" 

9. Cumberland " 

10. Westmoreland " 

11. Luzerne " 

12. Dauphin 

13. Bradford 

14. Fayette and Greene Counties. 

15. Chester County. 

16. Bedford and Somerset Counties. 

17. Butler County. 

18. Clarion and Jefferson Counties. 

19. York County. 

20. Union, Snyder and Mifflin Cos. 

21. Schuylkill County. 

22. Wayne and Pike Counties. 

23. Berks County. 

24. Blair " 

25. Clinton, Cameron and Elk Cos. 

26. Columbia and Montour " 



27. Washington County. 

28. Venango 

29. Lycoming " 

30. Crawford " 

31. Lehigh 

32. Delaware " 

33. Armstrong " 

34. Susquehanna " 

35. Mercer " 

36. Beaver " 

37. Warren and Forest Counties. 

38. Montgomery County. 

39. Franklin 

40. Indiana 

41. Juniata and Perry Counties. 

42. Adams and Fulton 

43. Carbon and Monroe " 

44. Wyoming and Sullivan " 

45. Lackawanna County. 

46. Clearfield 

47. Cambria " 

48. McKean and Potter Counties. 

49. Centre and Huntingdon " 

50. Lawrence County. 

51. Lebanon " 



APPENDIX 






THE CfflEl lAl.i i I ivi. mi i k EBfi 01 PENNSYL- 
VANIA BIN* E 177'- 

Benjamin Franklin, 

( 1 1 : i i r 1 1 1 : 1 1 1 ofthe < ommitl li. 1777. 

Tim -:i.i n eb oi rm - ' u* 

\ I M I . 

Tbomai Wharton, Jr, March •">. 1777 

Brj .id 1, 1778 

Joseph Reed Dee. i 

William Moore Nor. 1 1. 17-: 

John Dickinson . . . . . 

Benjamin Franklin Oct If 

Thomai Mifflin N \ 17'"' 



<;.>\ i EuroBC oi Pi n^-n 

Thomas Mifflin 

Thomai McKean .... 

Bimon Snyder 

William Pindlaj 

Joseph Hiester 

John Andrew Bhulae , . 

( leorge Wolf 

Joseph Ritner 

David Rittenhoose Porter 
Francis Ran a Shank * . 
William Freame Johnston 
William Bigler. 

James Pollock 

William Fisher Packer 
Andrew ( tregg Curt in . 
John White < reary . . 
John Frederick rTartranfl 
1 1 on rv Martyn Hoyl 
Robert Emory Pattison . 
James Adams Beaver . . 
Robert Emory Pattison . 



, v a s i a - 



Do 
Dei 
Dei 

Is 



.Ian. 
Jan. 
Jnly 

Jan. 

.Ian. 

Jan. 
Jan. 
Jan. 

.Ian. 

Jan. 



Jan. 
Jan. 
Jan. 



*J1. 1790, 

17, 1799 

19, 1824 

21, 1846, 
26, 1848, 

20, 1862, 
16, 1855, 

15, 1861, 

21, 1-7:?. 

18, 1879, 

16, 188S, 
18, 1887, 



: 1'. 

t.» Jan. 

t<> .Ian. 

to July 
t<« Jan. 
to Jan. 
t<> Jan. 
to Jan 
to Jan. 
to Jan. 
to Jan. 
to Jan. 
to -an. 
to Jan. 



21, 1846 

B 

21, 1-7:; 



gned July 9, 1848 There *m mi Intern .mini from July 9, i<;4\ to July -2C>, 
1848. Johnston did not tak»> the oath of office till July 86, 1848, 



90 



APPENDIX. 



Comparative View of the Population of the Sev- 
eral Counties of Pennsylvania, according to the 
Census of 1880 and the Census of 1890. 



County. 


County Seat. 


Pop. in 

1880. 


Pop. in 

1890. 


Inc. 
p. c. 


Adams 


Gettysburg 


32,455 


33,486 


3.0 


Allegheny 










Pittsburgh . . 






355,869 


551,959 


55.0 


Armstrong 










Kittanning . . 






47,611 


46,747 


*1.9 


Beaver 










Beaver . . . 






39,605 


50,077 


26.0 


Bedford . 










Bedford . . . 






34,929 


38,644 


10.6 


Berks . . 










Reading . . . 






122,597 


137,327 


12.0 


Blair . . 










Hollidaysburgh 






52,740 


70,866 


34.0 


Bradford 










Towanda . . 






58,541 


59,233 


1.1 


Bucks . . 










Doylestown . 






68,656 


70,615 


2.8 


Butler . 










Butler .... 






52,536 


55,339 


5.3 


Cambria . 










Ebensburgh . 






46,811 


66,375 


41.0 


Cameron . 










Emporium . . 






5,159 


7,238 


40.0 


Carbon . 










Mauch Chunk 






31,923 


38,624 


20.9 


Centre . . 










Bellefonte . . 






37,922 


43,269 


14.0 


Chester . 










West Chester . 






83,481 


89,377 


7.0 


Clarion . 










Clarion . . . 






40,328 


36,802 


*8.7 


Clearfield 










Clearfield . . 






43,408 


69,565 


62.0 


Clinton . 










Lock Haven . 






26,278 


28,685 


9.1 


Columbia 










Bloomsburg . 






32,409 


36,832 


13.0 


Crawford 










Meadville . . 






68,607 


65,324 


*4.9 


Cumberland 










Carlisle . . . 






45,977 


47,271 


2.8 


Dauphin . 










Harrisburg . . 






76,148 


96,977 


27.0 


Delaware 










Media .... 






56,101 


74,683 


33.0 


Elk . . . 










Ridgway . . . 






12,800 


22,239 


73.7 


Erie . . 










Erie 






74,688 


86,074 


15.0 


Fayette . 










Uniontown 






58,842 


80,006 


36.0 


Forest . . 










Tionesta . . . 






4,385 


8,482 


93.4 


Franklin 










Chambersburg 






49,855 


51,433 


3.1 


Fulton 










McConnellsburg 






10,149 


10,137 


*0.1 


Greene . 










Waynesburg . 






28,273 


28,935 


2.3 


Huntingdon 










Huntingdon . 






33,954 


35,751 


5.2 


Indiana 










Indiana . . . 






40,527 


42,175 


4.0 


Jefferson . 










Brookville . . 






27,935 


44,005 


57.0 



* Decrease. 



APPENDIX 



'.♦] 



I'olM LATIOM "i l'i 



' 



..-.., 



Juniata 

I S.lllll.'l 

Lancaster 

l.:i\\ n iici- 

Lebanon 

J - « J i . . 

I.ii/cnir . . 

Lycoming 
McKean 

Merit T . . 
Millllll 

Monroi 

Montgomery 

Montour 

Northampton 

Northumberland 

IVrn . . 

Philadelphia 

Pike 

Potter 

Shuvlkill . . . 

Snyder . . . . 
Somerset . . 

Sulliv.-in . . . 

Bnaquehanna 

Tioga 

Onion 

Venango . . . 
Warren . . . . 
Washington . . 
Way in- . . . . 

Westmoreland 
Wyoming . . . 
York 



Mifflintoi n 

ton 

1 aatle . . 
Don 

AllllltcU II 

\\ ilkrs Bane 
Williamaporl 
Rmethporl 

Lei iatown 
Struudsbui . 
- 1 « . w ii 
Danrille 
Baston 
Bunbory 
N« a rSoomneld 
Philadelphia 
Uilford 
Ooodenpoii 

PottsTilW . . 

Middlebarg 
Somerset • ■ 
Laporta 
Montrose 
WeUaboro . 
Lewisborg . 
Franklin 
Warren . . 
Washington 
Honcriale . 
Greensburg 
Tnnkhannock 
York . . . 



56,161 

i:.7'.<: 

58,613 

78 

15,698 



15.0 
20,111 

. l.M 

8 

17 IZ7 
11,62 

3 
:i. r 

112^819 HO 

1 LS 



4,282,891 5,258,1 14 22.7 



* LV. 



92 



APPENDIX. 



Cities and Boroughs in Pennsylvania having a 
Population over SOOO, according to the Census 
of 1890. 



Philadelphia . . 
Pittsburgh . . . 
Allegheny . . . 
Scranton .... 
Reading .... 

Erie 

Harrisburg . . . 
Wilkes Karre . . 
Lancaster . . . 
Altoona .... 
Williamsport . . 
Allentown . . . 
Johnstown . . . 

York 

McKeesport . . 
Chester .... 
Norristown . . . 
Shenandoah . . 
Lebanon .... 

Easton 

Shamokin . . . 
Pottsville . . . 
Pottstown . . . 
Hazleton . . . . 
New Castle . . . 
Mahanoy City . 
Oil City .... 
Carbondale . . . 
Columbia . . . 
Bradford .... 
South Bethlehem 
Pittston .... 
Nanticoke . . . 
Beaver Falls . . 



,046,964 
238,617 
105,287 
75,215 
58,661 
40,634 
39,385 
37,718 
32,011 
30,337 
27,132 
25,228 
21,805 
20,793 
20,741 
20,226 
19,791 
15,944 
14,644 
14,481 
14,403 
14,117 
13,285 
11,872 
11,600 
11,286 
10,932 
10,833 
10,599 
10,514 
10,302 
10,302 
10,044 
9,735 



j Meadville 9,520 

I Plymouth 9,344 

Steelton 9,250 

Butler 8,734 

Braddock 8,561 

Phcenixville 8,514 

Dunmore 8,315 

Mount Carmel 8,254 

Titusville 8,073 

West Chester 8,028 

Danville 7,998 

Homestead 7,911 

Chambersburg 7,863 

Carlisle 7,620 

Sharon 7,459 

Lock Haven 7,358 

Ashland 7,346 

South Chester 7,076 

Washington 7,063 

Bethlehem 6,762 

Bristol 6,553 

L T niontown 6,359 

Franklin 6,221 

Du Bois 6,149 

| Tamaqua 6,054 

Sunbury 5,930 

Huntingdon 5,729 

Corry 5,677 

Connellsville 5,629 

New Brighton 5,616 

South Easton 5,616 

Conshohocken 5,470 

Milton 5,317 

Middletown 5,080 



INI) E X 



ro 



OIVIL QOVEBNM ENT 



..i 



PEE NS"S I.V A \ I A. 



[The references are to paragraphs, i Kcept when the page i- UkU 



\ i.i i i \\ i < . i \i i: \ I , 18 

Administrative office] 
Assembly, '.'. l". 86. 

Assessor "t" taxi's, 7~>. 
Attorney-* ;.tur;il. I I 

Auditor, borough, 79. 
Auditor, city, '-'l , 

Auditor, oOUDtj . 

Auditor, torn oship, 77i 
Auditor-General, I ~>. 

Board of Pardovb, 41 

Borough, 7'.'. 

Borough officers, 79. 

Bureaus, Boards and Commissions, 

19. 
Burgess, Chief, BO. 

Chief Burqhbbj 80. 

( iti en, 83. 

City, - 

City Council, ST. 

City Council, common, 

City Council, select, 88. 

city government, 

City officer*, B6, 91 . 



< UU0lfi< :iti"U «.| 
( Irtk of - "iirt 

( Hark of townshi] 

( '..He. I 

< iommon wealth, p. l". 
( Nonstable, 78 
Constitution "f rVonsylven 

LO 

< orom ■ 
Council, Bl, - 

County 

County oommisstoaerB, 
( iounty courts, 56, 

( onnty offit 

Courts, 50, 51, 62,56,71, 9* 

DIRECTORS OF - ii'".! - 

I>istrirt attornej 

Km cation, Board 01 
Educational affidn 
Hectors, 33. 

Executive ortioer^ <>( Pennsylvania 
since 179^ j> 8 



94 



INDEX. 



First Pennsylvania Assembly, 
10. 

General Assembly, 36. 
Governor, 40, 41. 

House of Representatives, 19. 

Income of State, 53. 

Judicial districts, p. 88. 
Judiciary, 50, 51, 52. 
Jury commissioners, 68. 
Justice of the peace, 71. 

Laws, how made, 39. 
Legislature, 35, 36. 
Lieutenant-Governor, 42. 
Lower courts, 52. 



Mercantile appraiser, 67. 
National Guard, p. 24. 

! 

Pardons, Board of, 41. 
Penn, William, 1, et seq. 
Pennsylvania coat of arms, p. 2. 
Pennsylvania, Constitution of, pp. 

40-87. 
Pennsylvania, Civil Government 

of, in history, 1-32. 
Pennsylvania, Government of, 83- 

94. 
Polling divisions, 86. 
Poor directors, 66. 
Population of cities and boroughs, 

p. 92. 



Population of Pennsylvania by 

counties, pp. 90, 91. 
Precincts, 86. 
Private secretary, p. 21. 
Prothonotary, 57. 
Public schools, 93. 

Recorder of Deeds, 57. 
Register of Wills, 57. 

School directors, 73. 

Secretary of Commonwealth, 43. 

Secretary of Internal Affairs, 47. 

Senate, 37. 

Sheriff, 61. 

Solicitor, county, 59. 

State Government, 34. 

State, income of, 53. 

State officers, 41-49. 

State Superintendent of Public 

Instruction, 48. 
State tax, 54. 
State Treasurer, 46. 
Superintendent of schools, 69, 81, 93. 
Supervisor of roads, 74. 
Supreme court, 51. 
Surveyor, county, 64. 

Tax, 54. 

Township, 70. 
Township clerk, 78. 
Township officers, 70. 
Treasurer of borough, 82. 
Treasurer of city, 91. 
Treasurer of county, 62. 
Treasurer of State, 46. 

Wards, 86. 




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